Thomas Long

Evidence that the defending firm’s ads confused consumers was “de minimis,” and online shoppers were savvy enough to distinguish between ads and organic search results. The sophisticated nature of…

The Chinese company acted with the requisite bad faith under the ACPA when it bought and re-registered the domain name, which was identical to several registered trademarks owned by the insurance and…

The 2018 Farm Bill—which carved hemp out of the definition of marijuana—made products containing the Delta-8 THC isomer legal, which meant marks for the products could be federally protected. A…

Like the previously invalidated bar on "disparaging" marks, the "immoral/scandalous" marks prohibition violated the First Amendment as a viewpoint-based restriction on free speech. The Lanham Act’s…

Widow of longtime MAD artist Don Martin can go forward with mark infringement, publicity rights claims over publications that occurred within Florida’s four-year catch-all statute of limitations. The…

Use of analogous state-law limitations period for Lanham Act Section 43(a) claims was "unsatisfactory"; summary judgment order finding Bayer’s false association and false advertising claims time…

Retailer allegedly created knockoff goods and acted as more than a hands-off intermediary. Australia-based online retailer Redbubble, Inc., could be directly liable for third-party sellers’…

The preliminary injunction was vacated, however, with respect to products the licensee held in inventory and that the mark owner did not seek to repurchase under the parties’ license agreement. A…

Evidence supported the finding that marks owned by the operator of the San Diego Comic Convention were not generic, and litigation misconduct by the defendant supported a $3.9 million attorney fee…