It is predicted that the second half of 2014 will bring significant developments in trademark law. There are several cases in particular in which attorneys will be paying close attention, including Herb Reed v. Florida Entertainment Management and Blackhorse v. Pro-Football. Law360 interviewed Finnegan partner Julia Anne Matheson to get her thoughts on these two cases.
In Herb Reed v. Florida Entertainment Management, the estate of Herb Reed, a member of 1950s rock band The Platters, sued Florida Entertainment Management over use of the band's name in tribute concerts. The decision in this case could significantly impact trademark law, as the Supreme Court will determine whether or not trademark infringement plaintiffs need to prove harm to get a preliminary injunction. Matheson noted that a plaintiff’s statements regarding “loss of control over business reputation” and “damage to goodwill” may not be enough to prove harm if there is no proof that demonstrates the negative effects of the alleged infringement, such as decrease in sales.
In Blackhorse v. Pro-Football, Matheson noted that on appeal, if there is enough evidence to prove that a substantial number of Native Americans found the term ‘Redskin’ to be offensive at the time of the trademark registration, the TTAB’s decision will call into question the validity of hundreds of other trademarked Native American themed names and logos.
Media Mention
Women in Business Law Americas Awards 2024: Three Finnegan Attorneys Shortlisted
April 7, 2024
Press Release
Finnegan and BMW Group Successfully Demolish Non-Practicing Entity NorthStar’s Efforts
April 3, 2024
Award/Ranking
Managing IP Americas Awards 2024: Finnegan Shortlisted for Nine Awards, Including Firm of the Year
March 12, 2024
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.