Page 23 - The Katten Kattwalk - Fall 2025 - Issue 30
P. 23
By Matt Hartzler
hen a brand has identified a threat are contested without success, filing a complaint in
to its trademark rights — whether federal court alleging trademark infringement under
from a competitor or counterfeiter — the Lanham Act may be necessary.
Wthe goal is almost always to resolve Determining which entity should be identified
the dispute without the expense and distraction as the plaintiff in a suit may be easy for some
of a lawsuit. But when those letters have gone organizations. The task will be trickier for brands
unanswered or are contested without success, filing with corporate parent complexity or entities spread
a complaint in federal court alleging trademark across different jurisdictions, or those spawned
infringement under the Lanham Act may be from an individual designer. A recently published
necessary.
Second Circuit case, Ripple Analytics Inc. v. People
When a brand has identified a threat to its trademark Ctr., Inc., 153 F.4th 263, 2025 WL 2446314 (2d Cir.
rights — whether from a competitor or counterfeiter Aug. 26, 2025), discusses which party should sue
— the goal is almost always to resolve the dispute for trademark infringement in a federal case. It also
without the expense and distraction of a lawsuit. provides lessons on what to do (and avoid doing) if
But when those letters have gone unanswered or the initial complaint does not get it right.
23
