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The district court properly evaluated the relevant likelihood of confusion factors in light of the evidence presented at trial, including overwhelming evidence of the commercial strength of VAGISIL brand products and Combe’s Eveready consumer survey and a brand recognition, or “fame,” survey (Combe Inc. v. [read post]
The attorney fees award was vacated because the district court abused its discretion, lacking sufficient evidence of Axis’s improper litigation conduct (Appliance Liquidation Outlet, L.L.C. v. [read post]
The court, affirming a grant of summary judgment to a consortium of American cheesemakers against a challenge from their Swiss and French counterparts, also found that the district court’s decision was supported by evidence of gruyere consumption from other regions—including domestic production—as well as by multiple references in the media to gruyere as a generic product (Interprofession du Gruyère v. [read post]
2 Mar 2022, 6:22 am by Matthew Hersh (Wolters Kluwer)
But the court of appeals, while upholding the injunction against the splinter academy, found that the district court overreached by requiring the school to remove sculptures bearing the original program’s logos (The Trial Lawyers College v. [read post]
28 May 2008, 2:01 pm
A reader asked if there were any recent federal court decisions applying Pioneer Electronics (USA), Inc. v. [read post]
7 Jul 2011, 8:31 am by Hunton & Williams LLP
  A company’s provision of stock options to employees was deemed satisfactory consideration for a non-compete agreement in Marsh USA Inc. and Marsh & McLennan Companies, Inc. v. [read post]
4 Dec 2015, 2:04 am by Dennis Crouch
by Dennis Crouch In this pending certiorari petition, Medtronic directly asks for the Supreme Court for a GVR – Grant-Vacate-and-Remand order for the Federal Circuit to reconsider its prior decision in light of Commil USA, LLC v. [read post]