On September 25, 2019, Dunnington will proudly sponsor the Italy-America Chamber of Commerce Annual Gala in New York City which will celebrate 132 years of trade relations between the United States and Italy. Read More
Valerie Oyakhilome, Paralegal
August 30, 2019
On August 3rd, 2019, the United States Patent and Trademark Office (USPTO) took unprecedented action by implementing a new rule that directly impacts the meaning of compliance in the application process for both current and prospective trademark owners. Read More
Federal Court Affirms Luxury Eyewear Manufacturer’s $1.9M Win Over Flea Market
On August 7, the U.S. Court of Appeals for the Eleventh Circuit upheld the ruling of a Georgia jury awarding $1.9 million to Luxottica finding the landlord of an indoor flea market in Georgia liable for contributory trademark infringement when the landlord had “constructive” knowledge of the subtenants’ sale of counterfeit eyewear, including knockoffs of Ray-Ban and Oakley brands. Read More
U.S. Supreme Court Finds USPTO’s Bar on Offensive Trademarks Unconstitutional
On June 24, the U.S. Supreme Court ruled by a 6-3 vote that a federal law banning the registration of “immoral or scandalous” trademarks violates the First Amendment. In Iancu v. Brunetti, the court found in favor of Eric Brunetti, a Los Angeles streetwear designer who attempted to register the name of his 30-year-old brand, FUCT. Read More
Iron Maiden Sues ‘Ion Maiden’ Video Game Creators
On May 28, the English heavy metal band, Iron Maiden, filed a trademark infringement lawsuit against Danish video game developer 3D Realms Entertainment (“3D Realms”) over the video game named “Ion Maiden.” Read More
Fashion Law Scotus Case: Trademarks and Continuing Infringements
Dunnington trademark team members Olivera Medenica, Raymond J. Dowd and Sixtine Bousquet-Lambert recently authored a Supreme Court brief on a trademark issue pertinent to the fashion industry. On June 20, the U.S. Supreme Court will decide whether to grant a petition for certiorari filed by Lucky Brand Dungarees in Lucky Brand Dungarees, Inc., et al., v. Marcel Fashions Group, Inc. Dunnington represents respondent Marcel Fashions Group, Inc. who is opposing the petition. At issue in the case is whether, in an action to enforce a trademark infringement judgment, a defendant who continues with the exact same infringements can collaterally attack a prior judgment with a defense that it raised in that prior action but deliberately chose not to prosecute.
Dunnington, Bartholow & Miller has signed a collaboration agreement with Alumbra Asesores, continuing its expansion into the Latin America Market!
Alumbra Asesores is a Colombian firm with offices in Barranquilla and Bogotá, as well as a strategic alliance in San Sebastian, Spain. They are highly recognized for their advice and litigation, as well as for their success in setting up business projects. Read More
FUCT Fashion Label Takes its ‘Scandalous’ Trademark Case to Supreme Court
On Monday, April 15, 2019, the Supreme Court considered the question of whether the Lanham Act’s prohibition on the federal registration of “immoral” or “scandalous” trademarks is unconstitutional under the Free Speech Clause of the First Amendment. Read More