Court: Second Circuit

District court erred in granting preliminary injunction, Second Circuit rules

In an infringement spat between the Fire Department of New York and a first responder, the Second Circuit overturned a district court decision to grant a preliminary injunction. The ruling highlights the importance of the differences between descriptiveness and secondary meaning under the Lanham Act.

23 May 2024

Second Circuit denies Modelo summary judgment over ambiguous terms in licensing agreement

The scope of the definition of ‘beer’ in a trademark licensing agreement has been called into question after the licensee began selling hard seltzers under the plaintiff’s brand. The court’s summary judgment denial highlights the need for specificity when it comes to defining products in such agreements.

25 April 2024

Legal Updates you may have missed: fashion and luxury successes

We continue our series highlighting recent Legal Updates you may have missed by looking at success stories in the fashion and luxury industry – providing insights into parody products and the fight against the sale of counterfeit goods on e-commerce platforms, among other things.

16 April 2024

Breitling prevails with good-faith defence in Second Circuit infringement dispute ruling

An infringement suit brought against luxury watch retailer Breitling has shed light on the implications of using trademarks as descriptive terms. The court’s decision to grant summary judgment highlights how the good-faith prong in the fair-use defence can help when it comes to likelihood of confusion.

11 April 2024

Ownership of social media accounts: appellate court issues second decision

The decision provides guidance for the “relatively novel exercise” of determining ownership of social media accounts.

07 February 2024

Vans parody loses out on heightened First Amendment protection in Second Circuit ruling

Following the Supreme Court’s ruling in Jack Daniel’s, the Second Circuit’s decision to deny an art collective First Amendment protection highlights the law’s limited scope for products that are considered to be artistic expressions rather than products for use.

18 January 2024

Commentary that is commercial risks loss of First Amendment protection

Even when use of another’s trademark is for an expressive purpose, the First Amendment does not cover situations where the mark is still used for source identification.

04 January 2024

Electra powers Second Circuit’s false endorsement analysis

Relying heavily on Electra, the Second Circuit affirmed the denial of a Lanham Act claim arising from the unauthorised use of photographs of professional models to promote a gentlemen’s club.

28 June 2023