Search for: "United States v. Schwimmer"
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23 Oct 2019, 3:52 am
In short: no trade, no trademark.Two US Court of Appeals opinions have created the possibility that a plaintiff could bring a passing-off action based on use of its trademark outside of the United States only – a powerful new tool for challenging infringers that are first to use the trademark in the United StatesFollowing the Supreme Court’s 2014 decision in Lexmark International, Inc v Static Control Components, Inc (572 US ___, 134 S Ct 1377 (2014)),… [read post]
10 Apr 2011, 9:41 pm
Republished by Blog Post PromoterMarty Schwimmer (via @trademarkblog) updates us on the latest, and floats a novel idea of his own for getting in on the action, in the ongoing legal war between the United States Polo Association and Ralph Lauren’s faux-Aryan-fashion empire. [read post]
13 Oct 2015, 6:06 am
The “thought that we hate” phrase, by the way, comes from Justice Holmes’s dissent in United States v. [read post]
8 Dec 2008, 12:00 pm
Diaz v. [read post]
12 Aug 2021, 4:26 am
TTABlogger comment: Marty Schwimmer and I wrote an article in 2019, entitled "US Law Inches Towards Protecting Trademark Reputation Without Use," in which we discussed some ramifications of the earlier Fourth Circuit decision deeming Bayer entitled to bring its Lanham Act claims despite never having used the FLANAX mark in the United States. [read post]
9 Feb 2015, 3:06 am
The United States District Court for the Eastern District of Virginia reversed the TTAB's ruling in Bayer Consumer Care AG v. [read post]
11 Sep 2008, 5:15 am
But political turmoil in her home country soon prompted Schwimmer to seek refuge in the United States. [read post]
20 Apr 2014, 4:35 pm
The courts in the United States do not recognize the "well-known mark" basis for relief (but see Grupo Gigante v. [read post]
6 Jul 2021, 3:43 am
Schwimmer and John L. [read post]
1 Jun 2018, 10:56 am
Enforceable contracts are so important to the economy, in fact, that the freedom to contract is included in both the New Jersey and United States Constitutions. [read post]
1 Jun 2018, 10:56 am
Enforceable contracts are so important to the economy, in fact, that the freedom to contract is included in both the New Jersey and United States Constitutions. [read post]
2 Dec 2013, 5:05 am
United States Olympic Committee, supra, 489 F. [read post]
2 Mar 2020, 3:26 am
Lacteos de Honduras S.A. v. [read post]
29 Mar 2016, 7:53 pm
Its reliance on Vaudable [v. [read post]
5 Jul 2022, 7:30 am
Schwimmer and John L. [read post]
11 Feb 2015, 12:23 pm
The Court stated the question thus: Does the Lanham Act allow the owner of a foreign mark that is not registered in the United States and further has never used the mark in United States commerce assert priority rights over the mark that is registered in the United States by another party and used in United States commerce? [read post]
21 Jun 2017, 1:29 pm
” United States v. [read post]
4 Feb 2021, 3:19 am
Belmora LLC v. [read post]
16 Jun 2020, 6:57 am
Guest post by Jake Linford, Loula Fuller and Dan Myers Professor, Florida State University College of Law, whose trademark law scholarship I have highlighted on JotwellI want to thank Lisa Ouellette for inviting me to blog about United States Patent & Trademark Office v. [read post]
29 Jun 2017, 6:24 am
Schwimmer, 279 U. [read post]
