The Ninth Circuit's recent interpretation of the Lanham
Act's damages provisions surely surprised many trademark practitioners. It held that, when a plaintiff chooses to
receive statutory damages in a counterfeiting case instead of opting for actual
damages, it may also be barred from recovering...
In Zino Davidoff SA v. CVS Corp. , 571 F.3d 238 (2d Cir. N.Y. 2009) , the Second Circuit held that gray market goods are materially different, and thus, infringing under the Lanham Act, when the packaging has been altered. These holdings mark a significant broadening of the concept of material differences...
Access Designs, Inc.,
a company that manufactures TubcuT®, a product that alters regular bathtubs to
convert them into walk-in showers, has filed a trademark-infringement suit against The BathWorks Company in
federal district court in Charlottesville, Virginia. According to the
IN THE UNITED STATES DISTRICT
FOR THE NORTHERN DISTRICT OF
- - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
and COACH SERVICES...
IN THE UNITED STATES
FOR THE NORTHERN
DISTRICT OF ILLINOIS
and COACH SERVICES, INC.,
Plaintiffs, Case No.
CHARLIE'S OF ILLINOIS, INC.
CHARLIE'S FLEA MARKET,
SAI YUJ CHEN,
GING FANG CHEN...
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
COACH, INC. and COACH SERVICES, INC.,
Plaintiffs, Case No.
THE BUYER'S MARKET, INC., AN ILLINOIS
CORPORATION, d/b/a BUYER'S FLEA
MARKET, and DOES 1 through100,
Bad cases may make bad law, but they also can result in the prevailing party being awarded attorneys' fees under the Lanham Act's "exceptional cases" provision - whatever that means these days.
The Seventh Circuit Court of Appeals now "offers a pathway through the semantic jungle"...
Recently, the Seventh Circuit answered the following question
in the negative: Is the Trademark Remedy Clarification Act (TRCA) a valid
exercise of Congress's Fourteenth Amendment power to regulate state behavior?
In Bd. of Regents
of the Univ. of Wis. Sys. v. Phoenix Int'l Software, Inc. ...
By Doris Estelle Long
Professor of Law and Chair
of the Intellectual Property, Information Technology and Privacy Group at The
John Marshall Law School, in Chicago, Illinois.
Excerpt from On
Intellectual Property Law: Rebooting Trademarks for the Twenty-First Century ,
49 U. Louisville L. Rev. 517...
The Ninth Circuit today [May 17] issued its long-awaited opinion in Pom Wonderful LLC v. The Coca Cola Co [ enhanced version available to lexis.com subscribers ].*
Pom marketed a pomegranate-blueberry juice blend. Coca Cola marketed a juice blend named and labeled as "Pomegranate...
WASHINGTON, D.C. — (Mealey’s) The proper analytical framework for assessing standing in Lanham Act false advertising cases is the same for assessing standing in an antitrust action, counsel for Lexmark International Inc. told the U.S. Supreme Court Dec. 3 ( Lexmark International Inc. v. Static...