VALENTINE’S DAY GREETINGS

February 14, 2024 By William M. Borchard

Affairs of the heart can sometimes seem inconstant.  The same can be true of affairs of the law.  A case-in-point concerns huggable teddy bears.

In a trademark infringement lawsuit involving plush toys, the lower courts permitted Disney entities to sell stuffed pink bears, like the bear featured in its Toy Story 3 film, under the trademark “Lots-O’-Huggin’” a/k/a “Lotso” despite the Plaintiff’s prior use and registration of the trademark “Lots of Hugs” for stuffed pink teddy bears.  But, on appeal, the U.S. Supreme Court sent the case back for a second look.

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