Issue No. 058
September 25, 2026
New York
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The IP Briefing · by ESCA Legal
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| A Washington federal judge entered a $4.5 million default judgment against James Williams, known online as Archbox, after Nintendo accused him of distributing pirated Switch games through online shops and promoting them on Reddit. |
| § | Nintendo received the statutory maximum of $150,000 for each of 30 copyrighted games. | | § | The court found the alleged infringement willful after Williams failed to answer the complaint despite knowing about the case. | | § | The permanent injunction bars Williams from distributing pirated Nintendo games or circumvention tools and requires the disabling of accounts used for the activity. | | § | Nintendo did not seek separate DMCA damages or attorney fees. |
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| Continue reading → |
| § ESCA Takeaway |
| This issue tracks three different enforcement endpoints: an uncontested copyright judgment, a newly filed sports trademark case, and a trade dress dispute dismissed by agreement. Together, they show how outcomes can turn as much on procedure and proof as on the strength of the underlying brand. |
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| More IP Stories |
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| § Trademark · Filed |
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| The Mexican Football Federation filed a federal trademark lawsuit in New York accusing Kalshi of using the Liga MX name and club logos without authorization in prediction markets. |
| § | The complaint alleges that Kalshi's use of league and club marks can create a false impression of sponsorship or endorsement. | | § | The federation seeks an injunction barring use of the Liga MX mark and club names, along with monetary relief. | | § | The parties exchanged cease-and-desist correspondence before the lawsuit was filed. | | § | Kalshi previously asserted that identifying the league and clubs is protected nominative fair use. |
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Why it matters
The case puts sports branding and descriptive use into direct conflict. The court will be asked to distinguish between using a mark to identify the subject of a market and using it in a way that suggests an official relationship.
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| § Trade Dress · Update |
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| Stateside Brands and Anheuser-Busch agreed to end a federal trade dress case over the packaging of Surfside and Skimmers ready-to-drink cocktails, and the court dismissed the claims with prejudice. |
| § | Stateside alleged that Skimmers copied elements of Surfside's can design, including bright stripes and a sun motif. | | § | The dismissal resolves all claims against Anheuser-Busch and prevents Stateside from refiling them. | | § | Each side will bear its own costs and attorney fees. | | § | The parties waived their appeal rights. |
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Why it matters
Packaging claims depend on more than visual resemblance. A brand must also establish protectable, source-identifying trade dress, and a dismissal by agreement can leave that substantive question unresolved.
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| Continue reading → |
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QUICK HITS
| § Trademark | WWE expressly abandoned its Vice City trademark application, which had been filed for wrestling and sports entertainment services associated with performer Lola Vice. [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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