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Case date: 06 April 2022 Case number: No. 21-35561 Court: United States Court of Appeals, Ninth Circuit A full summary of this case has been published on Kluwer IP Law. [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]
2 Mar 2022, 6:22 am by Matthew Hersh (Wolters Kluwer)
Case date: 27 January 2022 Case number: No. 20-8038 Court: United States Court of Appeals, Tenth Circuit A full summary of this case has been published on Kluwer IP Law. [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]
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]
31 Jan 2022, 6:48 am by Matthew Hersh (Wolters Kluwer)
Case date: 14 December 2021 Case number: No. 2021-1433 Court: United States Court of Appeals, Federal Circuit A full summary of this case has been published on Kluwer IP Law. [read post]
In the recent decision of the IPEC in Stone v Wenman, the court reiterated and applied some key principles in the law of passing off. [read post]
31 Dec 2021, 1:00 am by Verena von Bomhard (BomhardIP)
In 3 cases, the applicants were not properly represented by a lawyer before the GC: T‑128/21 (Finnish legal counsel), T-716/20 (lawyer was CEO of the applicant), and T‑424/21 (Daimler v. [read post]
30 Dec 2021, 8:08 am by Linda Panszczyk
Case date: 24 November 2021 Case number: No. 21-1370 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: 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: 27 October 2021 Case number: No: 20-2277 Court: United States Court of Appeals, Federal 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]
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]
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]
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]
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: 14 September 2021 Case number: No. 20-3369 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: 14 September 2021 Case number: No. 20-3369 Court: United States Court of Appeals, Second Circuit A full summary of this case has been published on Kluwer IP Law. [read post]