Originally posted on Seyfarth’s The Blunt Truth blog.

I don’t wanna grow up, I’m a TOYS R US kid. So, many of us grew up with this commercial jingle and it along with the brand brings back positive memories of celebrating birthdays and holidays. But what happens when a company operating in a not so kid-friendly field starts using a trademark similar to that of the TOYS R US mark? 

In a case that blends nostalgia with modern controversy, Tru Kids Inc., the owner of the TOYS R US mark, filed suit in the U.S. District Court for the District of Connecticut against a vape and cannabis retailer operating under the name VAPE R US. The complaint alleges trademark infringement, dilution, false designation of origin, and unfair competition under both federal and state law. Tru Kids Inc. v. Vape R Us, Inc. et al, 3:25-cv-00781-VAB (D.Conn.). 

At the heart of the dispute is the retailer’s use of branding that closely mirrors the iconic TOYS R US trademark and others associated with the brand. According to the complaint, the vape shop’s signage features multicolored bubble letters, a reversed “R” with a star, and even a depiction of Geoffrey the Giraffe. The long-standing mascot of the toy brand appears with a not so familiar “toy”—a vaping device.Continue Reading I Don’t Wanna Grow Up, I’m a What Kind of Kid? Toys R Us Takes on Vape R Us in Trademark Battle

Two years ago, we wrote about a cautionary tale in which a New York federal court allowed a complaint alleging that a popular set of NFT basketball cards were “securities” to survive dismissal, rejecting the argument that, even as alleged, these NFTs were merely “collectibles” (with defendants likening them to “Pokémon cards,” “rare coins,”

Now in its fifth year, Seyfarth’s Commercial Litigation Outlook continues to provide critical insights into the forces shaping business disputes. As we enter 2025, businesses are facing unprecedented legal and regulatory uncertainty. The second Trump administration is expected to reshape agency priorities, while AI-driven innovation continues to outpace the legal frameworks meant to regulate it.

A longstanding Australian brand, UGG Since 1974, is fighting for the right to use its UGG trademark for footwear in the United States. Deckers Outdoor Corporation, a US-based shoe company, filed a lawsuit against the Australian brand’s holding company in the US District Court for the Northern District of Illinois, alleging that it has prior

November 11 – 13, 2024
Fairmont Scottsdale Princess
Scottsdale, AZ

Seyfarth Shaw is a sponsor for the 2024 ANA Masters of Advertising Law Conference, the biggest advertising, marketing, and promotion law conference in the nation.  The conference will take place November 11-13 at the Fairmont Scottsdale Princess in Scottsdale, Arizona. During the conference Seyfarth attorneys

Seyfarth’s Lauren Leipold and Ken Wilton co-authored “Courts and TTAB weigh in on First Amendment defence and scope of rights protection under the Lanham Act,” the exclusive United States chapter for WTR’s Trademark Litigation Review 2025. The Seyfarth attorneys discussed an overview of key developments in trademark litigation in the United States over the past

Tuesday, October 1, 2024
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About the Program

In a world where corporate espionage and data breaches are increasingly common, protecting your company’s

Last week, we asked for your input on whether certain images generated by AI programs were substantially similar to the Plaintiffs’ original artworks, as alleged in Andersen v. Stability AI

Orders issued in the Andersen case (and other, similar cases) to date suggest that the success of the plaintiffs’ claims hinges on being able

On Wednesday, the Supreme Court heard oral argument in Warner Chappell Music, Inc. v. Nealy, an appeal of the Eleventh Circuit’s determination that a copyright plaintiff can recover damages for infringement occurring more than three years prior to filing suit. The Eleventh Circuit’s decision was based on the discovery accrual rule, which begins the limitations period at the moment a plaintiff becomes aware of or should reasonably learn of the infringement upon which a claim is based.

Sherman Nealy and Music Specialist, Inc. brought the underlying lawsuit against Warner and others based upon the alleged unauthorized licensing and use of songs owned by the plaintiffs. Much of alleged infringement occurred while Nealy was incarcerated, and he alleged that he did not become aware of the infringement until 2016. Nealy filed suit in 2018, within three years of the date he allegedly discovered the infringement.  The district court held that Nealy’s claims were timely, but that he could only obtain damages for the three years prior to the filing of his lawsuit. The Eleventh Circuit overturned the finding that such a limit on damages existed, holding that Nealy could potentially recover damages outside the three-year period.Continue Reading Skeptical of the Second Circuit: U.S. Supreme Court Hears Arguments on Copyright Damages