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12 May 2016, 9:00 am
In this Indiana lawsuit, a trademark lawyer for NIBCO lists the following claims: • Count I: Federal Trademark Infringement• Count II: Federal Unfair Competition/False Designation of Origin• Count III: Common Law Trademark Infringement• Count IV: Common Law Unfair Competition • Count V: Federal Trademark Dilution NIBCO asks the court for equitable relief; damages, including punitive damages; costs and attorney fees. [read post]
18 Jul 2021, 9:41 am by Anastasiia Kyrylenko
The Court discussed the interpretation of such notions as “exploitation of advertising goodwill” and “imitation” in advertising. [read post]
30 Jul 2015, 1:52 am by Georgina Messenger, Three New Square IP
The court reaffirmed that a claimant in a passing off claim must establish that it has actual goodwill in this jurisdiction, and that such goodwill involves the presence of clients or customers in the jurisdiction for the products or services in question. [read post]
15 Jun 2017, 5:15 am by Darren Olivier
   This does not mean that goodwill in a location and restraints cannot be enforced in agreements. [read post]
8 Oct 2019, 11:45 am
The Defendants accepted that this is an established form of misrepresentation, but emphasised that it is necessary to consider carefully the goodwill actually owned by a claimant in the relevant indicia, and whether the misrepresentation would cause damage to this goodwill. [read post]