Issue No. 040
August 12, 2026
New York
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The IP Briefing · by ESCA Legal
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| Fear of God sued several companies it alleges manufactured and sold counterfeit clothing bearing the streetwear label's registered trademarks, including products offered through TikTok Shop and Whatnot. |
| § | The complaint alleges that the defendants manufactured, imported, marketed, distributed, and sold unlicensed versions of Fear of God products. | | § | Brand investigators purchased products through a live auction hosted by the Pavement Culture account and received items they identified as counterfeit. | | § | Los Angeles police later seized counterfeit items while serving a search warrant on one of the companies named in the suit. | | § | Fear of God seeks the defendants' profits, damages, and a jury trial. |
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| Continue reading → |
| § ESCA Takeaway |
| This issue follows brand owners into live shopping, online marketplaces, and prediction markets, where trademark enforcement increasingly reaches both sellers and the platforms that connect them with consumers. |
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| More IP Stories |
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| § Trademark · Filed |
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| Live Nation subsidiary Merch Traffic filed a trademark case against overseas online sellers accused of offering counterfeit merchandise tied to artists including Bruno Mars, Harry Styles, Nirvana, The Notorious B.I.G., and The Cure. |
| § | The August 5 complaint identifies defendants through a sealed or attached Schedule A list and alleges that they use seller aliases to obscure their identities. | | § | Merch Traffic says it serves as the exclusive U.S. licensing agent for the artists covered by the asserted marks. | | § | The requested relief includes orders directing Amazon, eBay, PayPal, Temu, and Walmart to disable listings, advertisements, and storefronts connected to the defendants. | | § | The complaint seeks injunctive relief, profits, enhanced damages, or statutory damages for alleged willful counterfeiting. |
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Why it matters
The filing puts platform access at the center of counterfeit enforcement. The requested orders target the listings, payments, and storefront infrastructure that allow remote sellers to reach U.S. music fans.
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| § Trademark · Filed |
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| FlightAware filed a New York federal lawsuit alleging that Kalshi used its flight-cancellation data and registered trademark without permission to operate prediction markets on airline cancellations. |
| § | Kalshi launched national and airport-specific cancellation markets in July and identified FlightAware as a source for settling the contracts. | | § | FlightAware alleges that Kalshi's commercial use violated license terms associated with an AeroAPI account. | | § | Kalshi denied infringement in response to a cease-and-desist letter and asserted that its references to FlightAware were nominative fair use. | | § | The complaint seeks damages and an injunction against further unauthorized use of FlightAware data and branding. |
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Why it matters
The dispute tests how a platform may identify third-party data used to settle consumer contracts. It combines trademark attribution, license restrictions, and the commercial value of a trusted data source in one product design.
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QUICK HITS
| § Copyright | Global Music Rights and Music Choice settled a federal copyright case over the alleged unlicensed performance of 95 songs, and the parties dismissed the action with prejudice while keeping the settlement terms confidential. [source] |
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This newsletter is for informational purposes only and does not constitute legal advice. Published by ESCA Legal. Reading it does not create an attorney-client relationship. Attorney advertising; prior results do not guarantee a similar outcome.
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