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9 Feb 2022, 1:40 am by Matthew Hersh (Wolters Kluwer)
The court, wading into the often labyrinthine doctrine of federal court abstention and the related Colorado River “wise judicial administration doctrine,” held that the stay could not be reviewed on appeal because resolution of the earlier state court proceeding would not effectively deprive the federal court of jurisdiction to determine the trademark claims once the stay was lifted (Window World International, LLC v. [read post]
Thus, the judgment was reversed to the extent that it decided to award profits and the case remanded fort a new trial on that issue (Harbor Breeze Corp. v. [read post]
Trial evidence supported the district court’s judgment, blocking registration of VAGISAN in the United States. [read post]
The court also rejected Motus’ argument of an intentional tort of trademark infringement occurred within the state of Massachusetts, indicating that there was no evidence that CarData was even aware that Motus existed, let alone that Motus was based in Massachusetts, or that the alleged protected phrase was associated with Motus in dismissing the case (Motus, LLC v. [read post]
The shopping mall operator plaintiff prevailed on every significant issue, and the case failed to satisfy the Lanham Act’s requirement that a case be “exceptional” before fees could be awarded (Simon Property Group, L.P. v. [read post]
Case date: 12 August 2022 Case number: No. 21-1850 Court: United States Court of Appeals, Third Circuit A full summary of this case has been published on Kluwer IP Law. [read post]
Case date: 14 August 2023 Case number: No. 22-1839 Court: United States Court of Appeals, Federal Circuit A full summary of this case has been published on Kluwer IP Law. [read post]
8 Feb 2024, 6:31 am by Linda Panszczyk
Case date: 26 January 2024 Case number: No. 22-10866 Court: United States Court of Appeals, Fifth Circuit A full summary of this case has been published on Kluwer IP Law More from our authors: Concise European Design Law by Verena von Bomhard and Alexander von Mühlendahl€ 125 Genuine Use of Trademarks, Second Edition by… [read post]
Case date: 12 January 2024 Case number: No. 21-55881 Court: United States Court of Appeals, Ninth Circuit A full summary of this case has been published on Kluwer IP Law More from our authors: Concise European Design Law by Verena von Bomhard and Alexander von Mühlendahl€ 125 Genuine Use of Trademarks, Second Edition by… [read post]
26 Sep 2022, 6:19 am by Matthew Hersh (Wolters Kluwer)
Case date: 22 July 2022 Case number: No. 21-2786 Court: United States Court of Appeals, Second Circuit A full summary of this case has been published on Kluwer IP Law. [read post]
Case date: 18 August 2023 Case number: No. 21-2904 Court: United States Court of Appeals, Second Circuit A full summary of this case has been published on Kluwer IP Law. [read post]
Case date: 12 November 2021 case number: No. 21-1011 Court: United States Court of Appeals, Federal Circuit A full summary of this case has been published on Kluwer IP Law. [read post]
Case date: 05 December 2023 Case number: No. 22-1006 Court: United States Court of Appeals, Second Circuit A full summary of this case has been published on Kluwer IP Law. [read post]
The Federal Circuit also reiterated that the TTAB need not find that the German company owned U.S. trademark rights to bring a cancellation action (Piano Factory Group, Inc. v. [read post]