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29 Apr 2018, 4:56 pm by James Hastings
  We’ll hear from our experts whether mediation is used in trademark disputes in their countries, and if so, in what types of cases. [read post]
8 Nov 2021, 4:18 am by Fred Rocafort
[bold added for emphasis] There has though been some gradual movement toward allowing single color trademarks, notably in the Louboutin case, in which a distinctive shade of red, used in a very specific fashion (shoe soles), was allowed to be registered as a trademark. [read post]
31 Oct 2019, 2:24 pm by Athar K. Malik
In her article (read here), our colleague Caroline Camp reviews the recent Trademark Opposition Board (the “Board”) case of Pablo Enterprise pte. [read post]
21 Aug 2023, 11:52 am by Ashley E. Holland
Similar conclusions of the “knows or has reason to know” standard on contributory trademark infringement have been reached by the Second, Fourth, and Tenth Circuits, and this case will likely not be the last. [read post]
31 Jul 2012, 8:45 am by Stan
This also closes the book on Proview law firm Grandall’s attempts to use the mark in its civil case against its client for failure to pay legal fees. [read post]
8 Dec 2015, 10:46 am
Kerawala et al, 4:2014-cv-00752 All but one of these cases, again, settled without addressing many substantive trademark issues. [read post]
14 Jul 2014, 9:44 am by Steve Baird
Last month, you will recall we wrote about the important difference between the right to register a trademark and the right to use a trademark, here and here. [read post]
15 Jul 2008, 12:22 am
WhenU; Contributory infringement in this case is evaluated under the second prong of the Inwood Laboratories test -- which recognizes contributory liability when a manufacturer or distributor continues to supply its product to one whom it knows or has reason to know is engaging in trademark infringement. [read post]
8 Jun 2023, 9:22 pm by thomasgalvani
  They include: Priority and Preservation: By filing an intent-to-use application, your business can establish a priority date, which can be crucial in determining ownership rights in case of conflicts with later-filed applications. [read post]
11 Jul 2016, 11:57 am by Steve Baird
Yet, discussions about “trademark overbreadth” are not limited to exaggerated and unrealistic trademark claims by a trademark owner. [read post]
12 Jul 2018, 7:12 am by James Hastings
  In cases where the Opposer is claiming that the offending application will cause a likelihood of confusion with the Opposer’s trademark, the Opposer must allege that is has senior rights. [read post]
12 Dec 2023, 10:05 am by Jay W. Belle Isle
It has been a long and arduous journey for the “Cars for Kids” trademark infringement case spanning almost ten years and two appeals. [read post]
3 Dec 2019, 5:18 pm by Dennis Crouch
Professor Barton Beebe (NYU) (trademark depletion; 2/3 of recent registrations from China on apparel include fraudulent specimens; supporting ex parte reexamination of registered marks and expungement); Douglas Rettew (Finnegan Henderson) (arguing that eBay should not apply in trademark cases, but rather that mark holders should have a presumption of injunction) Megan Bannigan (Debevoise & Plimpton) (clutter due to fraudulent registration and renewal Prof. [read post]
14 Mar 2023, 10:12 am by zola.support.team
  The evidence that will be used to either prove or refute allegations of trademark infringement will vary from one case to another. [read post]
22 Dec 2014, 1:12 am by Steve Baird
Last week, Law360 reported the case settled on confidential terms, and the claims were dismissed with prejudice, at Victory Energize’s request, so the “trademark bullying” charge against Monster Energy won’t be pursued further by Victory Energize. [read post]
30 May 2017, 11:18 am by Erika S. Koster
SEC filings are sworn statements but that’s not enough to make them evidence of symbolic fraud in the TTAB’s eyes, at least in this case. [read post]
22 Dec 2020, 1:15 pm by Megan Bannigan
This year saw its fair share of high profile trademark cases: the Second Circuit vacated Tiffany & Co. [read post]
9 Feb 2009, 3:54 pm
In a subsequent California case, decided in 2000 (Christian Scientist Board v. [read post]