Carstens, Allen & Gourley, LLP Recognized as Texas Super Lawyers of 2023
We are proud to announce Texas Super Lawyers has again recognized Carstens, Allen & Gourley, LLP in its 2023 annual award listing. This list of Super Lawyers, published by Thomson Reuters, is based on peer recognition and professional achievements. Of those nominated, no more than five percent of the total lawyers in the state are selected […]
Netflix Bandersnatch Likely to Confuse?
Written by Samie Leigh A recent lawsuit filed in Vermont against Netflix claims that Netflix’s interactive film Bandersnatch is likely to cause confusion to viewers. As consumers of Netflix, many would agree that Bandersnatch is quite confusing. The premise involves an aspiring video game designer, Stefan, who develops a game based on a fictitious interactive […]
Is “UGG” Generic? Understanding the Doctrine of Foreign Equivalents
Deckers Outdoor Corp. (Deckers), the owners of the well-known, federally registered trademark for sheepskin boots, “UGG,” recently scored a major victory over its competitor, Australian Leather Ltd. (Australian Leather). A jury in Illinois awarded it $450,000 in damages for the willful infringement of two of its trademarks. It was not in dispute whether Australian Leather […]
Don’t Go to the Trouble of Creating a Website and then Ignoring the Trademark Infringement Lawsuit – Neutron Depot LLC v. Bankrate, Inc.
By Gregory Marcum If you’ve taken the time and effort to create a website in a competitive industry and your trademark is arguably close to an industry competitor, don’t make the mistake of ignoring a subsequent trademark infringement lawsuit. In a recent case set in the federal court for the Southern District of Texas, Insurance […]
Supreme Court Finds Coca-Cola’s “Pomegranate-Blueberry Juice” is Deceptively Labeled
The Supreme Court unanimously found that a Minute Maid juice product of The Coca-Cola Company, labeled in large type as “Pomegranate Blueberry,” and depicting a pomegranate and blueberries prominently on the package, but containing only about 0.5% of these juices, is deceptively labeled. While that might appear to be a “common sense” judgment based on […]
