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Louis Vuitton Loses Trademark Claim, May Need a Larger Purse for Damages

On Monday, April 10, Law360 reported that a small company who successfully defended itself against trademark infringement and dilution claims in January is now seeking nearly $1 million in attorney fees. My Other Bag, Inc. is a small company who sells parody versions of designer handbags and purses, which feature cartoon drawings of designer logos. These bags generally sell for between $35 and $55, significantly less than a genuine Louis Vuitton handbag. After the original suit was filed in 2014, the case was dismissed on appeal in January, with Judge Jesse M. Furman telling Louis Vuitton that it can be "better to accept the implied compliment in a parody and to smile or laugh" rather than sue. 

Texas Court Registers a Victory For Karaoke Fans

On Tuesday, Law360 reported Judge Lee H. Rosenthal of the U.S. District Court for the Southern District of Texas partially dismissed a trademark suit brought by karaoke music publisher Phoenix Entertainment Partners LLC against several bars in the Houston area. The suit originated from the Houston bars playing several karaoke tracks while displaying the Sound Choice brand of karaoke tracks during the performance. Judge Rosenthal ruled that the suit should have been brought as a copyright claim, rather than a trademark claim, which follows several recent appellate-level decisions. This decision follows a similar January ruling in the Ninth Circuit.

Adidas In Another Trademark Dispute - This Time With Forever 21

On February 7, I wrote about Adidas and their opposition to Tesla's trademark application for the Model 3 logo. You can read that article here: http://www.dfwpatentlaw.com/blog/2017/02/adidas-opposing-teslas-3-stripe-trademark-registration.shtml. I was not sold that Adidas would be able to prove customer confusion, but filing an opposition to Tesla's application was consistent with their history of aggressively protecting their three stripe trademark. Now, Adidas's actions may be coming back to bite them. On Monday, Law360 reported that Forever 21, Inc. filed suit against Adidas late last week in a California federal court for taking the enforcement of its three stripe trademark too far.

NCAA Opposes Trademark Filed by the Big Ten Conference

The National Collegiate Athletic Association ("NCAA") has had a lot of legal press in the last few years. From the controversies over whether student athletes should be paid, to the likenesses of student athletes no longer being used in video games such as the now-defunct NCAA Football series, the NCAA is no stranger to legal proceedings. One of the NCAA's most notable trademarks is "March Madness," referring to the annual Division 1 basketball tournament culminating in the crowning of a national champion.

Adidas Opposing Tesla's 3-Stripe Trademark Registration

When I got dressed this morning, I put on a pair of jeans and a gray Adidas polo. On my way to class, I saw a couple of Tesla cars. At no point did I think I was putting on a Tesla shirt or passing an Adidas car. However, Adidas apparently thinks that the logo for Tesla's Model 3 sedan is "confusingly similar" to Adidas's three stripes mark.

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