We have handled several high profile trademark disputes for companies in a variety of industries. Trademark disputes frequently arise where there is potential confusion in the marketplace over the similarity of trademarks. Proof of confusion may require survey evidence and measuring damages may involve complex statistical analysis.
Trademark disputes frequently involve:
- Competing products that cause confusion in the marketplace
- Counterfeit products
- Related claims for violation of a right of publicity
We obtained a substantial settlement for the inventor of a popular hair styling tool against Amazon on a contributory trademark infringement claim based on Amazon allowing third-party vendors to sell inferior counterfeits that resulted in negative reviews and reduced sales.
We won summary judgment and a substantial attorneys’ fees award for Sanctuary Records defending trademark and right of publicity claims filed by Beach Boys’ Mike Love stemming from the UK’s publication Mail on Sunday’s promotional giveaway of a Brian Wilson CD. Mike Love v. Sanctuary Records Group, 611 F.2d 601 (9th Cir. 2010).
Many years ago, we worked on a large case on behalf of the E & J Gallo Winery which sued and prevailed on a trademark claim against Ernest and Julio Gallo’s brother, Joseph Gallo, over his cheese brand, Joseph Gallo Cheese, because Joseph was improperly trading on the Gallo name made famous by his brothers. E & J Gallo Winery v. Gallo Cattle Co., 967 F2d 1280 (9th Cir 1992).