Issue No. 070
October 28, 2026
New York
|
|
|
|
|
|
|
|
The IP Briefing · by ESCA Legal
|
|
|
|
| On October 26, Neil Young filed a copyright complaint against the Trump 47 Committee, alleging it caused Rockin' in the Free World to be played just before Donald Trump spoke at an October 12 rally without a license or his permission. No court has decided the merits. |
| § | The complaint identifies Young as the composition's writer and a copyright co-owner. | | § | Young alleges, on information and belief, that the committee caused the song to be played at other rallies, and says it acted willfully. | | § | He seeks an injunction against the defendants' public performances of his compositions, $10 million in damages, costs and attorney's fees. |
|
| Continue reading → |
| § ESCA Takeaway |
| Young alleges reputational harm from an implication of support for Donald Trump, while pleading only a copyright infringement claim. |
|
|
| More IP Stories |
|
| § Trade Dress · Filed |
|
|
| Reports published October 27 say My Chemical Romance agreed with Pro Silver Star Ltd., owner of the Dallas Cowboys Cheerleaders brand, before a court hearing to drop costumes resembling the cheerleaders' uniform for the remaining shows on its current tour. Pro Silver Star reportedly alleges the costumes falsely suggest its approval. Reports say no court has decided the merits. |
| § | Reports say the company's claims include trade dress infringement, false association, false endorsement and trademark dilution. | | § | Reports say it sought a temporary restraining order and injunction, damages, profits, fees, costs and a permanent bar on using the uniform or confusingly similar costumes. | | § | Reports say neither side has confirmed full terms, and they do not describe the damages and permanent-injunction claims as resolved. |
|
|
Why it matters
The reported agreement leaves open whether the uniform's look identifies a source and whether its use on stage suggests the brand's sponsorship or approval. The band's expressive use of a recognizable costume is also at issue.
|
| Continue reading → |
|
| § Trademark · Pending |
|
|
| On October 19, Eminem sought partial summary judgment before the Trademark Trial and Appeal Board in his opposition to Robyn Dixon and Gizelle Bryant's REASONABLY SHADY application. He argues they lacked a bona fide intent to use the mark for cosmetics and candles when they filed. As of October 28, the Board has not ruled on the motion. |
| § | Dixon and Bryant's February 1, 2022 application covers eye-shadow, lip gloss, make-up and candles on an intent-to-use basis. | | § | Eminem argues discovery produced no documents showing plans to sell cosmetics or candles under the mark. | | § | He asks the Board to refuse registration for the Class 3 and Class 4 goods. |
|
|
Why it matters
The motion asks whether informal, undocumented discussions count as objective evidence of a firm intent to use REASONABLY SHADY for cosmetics and candles when the application was filed.
|
| Continue reading → |
|
| § Trademark · Pending |
|
|
| On October 23, the court denied in full Kathy Hao's renewed motion to dismiss Amazon's claims, which now proceed. Amazon alleges Hao, who is representing herself, let China-based trademark service providers use her credentials and electronic signature to file applications she did not adequately review or personally sign. No court has decided the merits of Amazon's claims against Hao. |
| § | The court held Amazon adequately alleged injury traceable to Hao from listings removed after Brand Registry accounts sent allegedly false infringement notices. | | § | The court accepted Amazon's allegations as true only for the motion. | | § | Hao was listed as attorney of record on more than 5,000 trademark applications, and Amazon alleges owners of more than 4,000 of those marks later applied for Brand Registry. | | § | Amazon seeks damages under the federal trademark statute for the alleged fraudulent procurement of the HONGID and JGAUZNR registrations. |
|
|
Why it matters
The ruling lets a platform pursue a private damages claim against the attorney of record for registrations allegedly obtained through false declarations. The court held that the USPTO's authority to discipline attorneys does not displace that remedy.
|
| Continue reading → |
|
|
|
|
|
|
Not subscribed? Sign up for future editions of Marked by ESCA Legal.
|
|
|
|
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.
|