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Accordingly, the appellate court vacated the preliminary injunction to the extent that it enjoined the sale of products that the mark owner chose not to buy back, and it remanded the case for reexamination of which product lines were covered by the injunction (Really Good Stuff, LLC v. [read post]
While the plaintiff’s filing of an application to register the SULKA mark in the United States was “certainly relevant” to intent to market products in the United States, it had little bearing on his ability to expand his business to the United States (Selah v. [read post]
11 May 2020, 8:07 am by Dan Maurer
In Section 540F of the National Defense Authorization Act of 2020, Congress directed the Department of Defense to conduct a feasibility study, and to report the findings of that study, on a potential new “alternative military justice system. [read post]
An award of over $212,000 in nontaxable costs for expert witness expenses was, however, vacated, because there was no statutory basis for awarding those costs (San Diego Comic Convention v. [read post]
13 Apr 2020, 3:34 am by John W. Scanlan
The claims had been brought in good faith and the litigation was still at a very early stage (SnugglyCat, Inc. v. [read post]
15 Mar 2020, 9:15 am by Eleonora Rosati
Gordon explained that special attention should be given to the legal requirements in the target market. [read post]
13 Mar 2020, 1:00 am by Assen Alexiev
The court remanded trademark infringement and other claims brought by dietary supplement seller Charles Curry to the federal district court in Chicago for further proceedings (Curry v. [read post]
11 Feb 2020, 1:37 am by Brian Craig
In affirming the federal district court’s dismissal of Neutron Depot’s suit alleging infringement of the INSURANCE DEPOT mark against Bankrate, the Fifth Circuit concluded that Neutron Depot did not own the mark outright at any point when the infringement took place (Neutron Depot, LLC v. [read post]
24 Dec 2019, 5:11 am by Robert Margolis
The court also affirmed two district court rulings on remedies; specifically, that FI is not entitled to recover JFTCO’s profits and that a permanent injunction precluding JFTCO from ever using the Fabick family name was not necessary (Fabick, Inc. v. [read post]
19 Dec 2019, 12:11 am by Joseph Arshawsky
Court of Appeals for the Third Circuit found that all of Engage’s asserted marks were merely descriptive and lacked secondary meaning, including sole only mark the district court deemed valid mark but not infringed by Intellisphere (Engage Healthcare Communications, LLC v. [read post]
9 Dec 2019, 7:52 am by Jody Coultas
Court of Appeals for the Federal Circuit affirmed a decision to dismiss an attorney’s challenge of his bar license suspension as the attorney’s procedural and substantive challenges to the United States Patent and Trademark Office’s disciplinary proceeding were rejected (Piccone v. [read post]
7 Nov 2019, 3:59 am by Pamela C. Maloney
Court of Appeals for the Second Circuit, in a summary order affirming the district court’s judgment (Oneida Indian Nation v. [read post]
15 Oct 2019, 12:55 am by Jeffrey H. Brochin
Therefore the TTAB was correct in granting the petition of competitor Ambev S.A. to cancel the mark due to abandonment (Cervejaria Petropolis SA v. [read post]
17 Sep 2019, 4:44 am by Thomas Long
The appellate court reversed a district court’s denial of the German company’s motion to dismiss for lack of personal jurisdiction and remanded with instructions that the case be dismissed (C5 Medical Werks, LLC v. [read post]
4 Sep 2019, 1:34 am by David Yucht
Consequently, the appellate court remanded the case to the trial court to allow it to reconsider this award (4 Pillar Dynasty LLC v. [read post]