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9 Jul 2015, 2:07 am
  Yes, said the Court of Appeals for the Ninth Circuit in Multi Time Machine, Inc., v Amazon.com, Inc.; Amazon Services, LLC (No.2:11-cv-09076-DDP-MAN, here) when it reversed the District Court’s summary judgment order in Amazon’s favour. [read post]
22 Jun 2015, 4:16 am
The district court accepted this notion but found that the ad in question did not imply any such facts and granted summary judgment for the defendants, Ashley Furniture Industries, Inc., and Leather Industries of America. [read post]
21 Jun 2015, 11:16 pm by Lee E. Berlik
The district court accepted this notion but found that the ad in question did not imply any such facts and granted summary judgment for the defendants, Ashley Furniture Industries, Inc., and Leather Industries of America. [read post]
15 Jun 2015, 1:12 pm by Rebecca Tushnet
  This wasn’t inconsistent with Fortune Dynamic, Inc. v. [read post]
10 Jun 2015, 3:00 am by Tim Sitzmann
We’ve briefly discussed the concept of persisting recognition (or residual goodwill) in the past. [read post]
  A couple of recent cases provide guidance on this approach: In Bross Trucking, Inc. v. [read post]
19 May 2015, 5:14 am by Terry Hart
On a more general note, they encourage goodwill and collaboration. [read post]
18 May 2015, 4:34 pm
Source Wikipedia In Reckitt & Colman Products Ltd v Borden Inc [1990] 1 WLR 491, [1990] RPC 341, [1990] WLR 491, [1990] 1 All ER 873, [1990] UKHL 12, Lord Oliver said: "The law of passing off can be summarised in one short general [read post]
18 May 2015, 11:01 am
 * Reputation, goodwill and passing off in the UK: a further look ...Following David's post on the UK Supreme Court's hot-off-the-press ruling in Starbucks v British Sky Broadcasting, Katfriend Flora Cook (Kilburn & Strode) pens another note on that judgment, thinking about it from the perspective of what it means to a litigant who has nothing at his disposal but an unregistered trade mark, known by some members of the public (ie having a… [read post]
17 May 2015, 1:08 am
While consumers’ knowledge of the claimant’s indicia may play a part in helping to establishing goodwill (e.g. pre-trading reputation could reduce the length of trading-time needed to establish goodwill: Home Box Office Inc v Channel 5 Home Box Office Ltd [1982] FSR 449], such reputation has not been sufficient on its own to satisfy the first of the three requirements laid out by the Jif Lemon test. [read post]
13 May 2015, 4:37 am
Lord Neuberger reviewed a long list of authorities of the House of Lords, the Privy Council and that of the Court of Appeal in Anheuser-Busch Inc v Budejovicky Budvar NP [1984] FSR 413, 462. [read post]