WASHINGTON, D.C. — (Mealey’s) The Ninth Circuit U.S. Court of Appeals erred in holding that a private party cannot allege Lanham Act false advertising in connection with a product label regulated under the Food, Drug and Cosmetic Act (FDCA...
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...
Wal-Mart probably didn’t put on a smiley face after the court’s March 20 th ruling in the Northern District of Georgia trademark case of Smith v. Wal-Mart, docket no. 1:06-cv-526 ( complaint courtesy of Public Citizen ). A good synopsis of...
WASHINGTON, D.C. - ( Mealeys ) The Second
Circuit U.S. Court of Appeals properly found standing lacking in a trademark
infringement case by virtue of a covenant not to sue, an attorney for Nike Inc.
told the U.S. Supreme Court yesterday ( Already LLC...
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...
The practice of using a competitor’s trademark as a keyword to trigger sponsored links in Internet search engines received a boost this week from the U.S. Court of Appeals for the Tenth Circuit. In 1-800 Contacts, Inc. v. Lens.com, Inc. , the Court...
by Paul Bost
From June through August 2015, the Trademark Trial & Appeal Board issued eleven precedential decisions. Over the course of the upcoming weeks, we are briefly summarizing each opinion and a “take away” for brand owners and...
A number of decisions have been filed over the course of the last year in which respondents have argued that since the hyperlinks on the landing pages of their websites are chosen by their service providers they ought not be held responsible for them...
by Julia Bishop
Judge Liam O’Grady upheld a unanimous jury verdict in favor of Reynolds Consumer Products, Inc. in the U.S. District Court for Eastern District of Virginia. The jury found that Handi-Foil Corporation willfully infringed on Reynolds’...
By Jeffrey A. Simmons ( email@example.com )
In March 2011, the U.S. Court of Appeals for the Ninth Circuit issued an important decision addressing the circumstances in which the use of keywords for Internet searches can constitute trademark infringement...
The Wounded Warrior Project's (WWP) $1.7 million judgment
against a similar charity, the Wounded Warriors Family Support, Inc. (WWFS),
was recently affirmed by the Eighth Circuit. WWP had alleged that WWFS sowed
confusion on the Internet by using...
Judge Leonie M. Brinkema was not impressed with the trademark infringement case filed by Wag'N Enterprises, a pet-safety company based in Herndon, Virginia, against a California nonprofit known as Redrover. Entering summary judgment in favor of Redrover...
Tuesday, Cartier commenced litigation against HauteLook, Inc. for false advertising and
unfair competition, trademark infringement and dilution, and related claims arising under New York State and common law. Cartier seeks injunctive relief and...
Rachel Kane, owner of WTForever21.com, recently received
a cease-and-desist letter from clothing retailer Forever 21 . Apparently,
the retailer is not amused by Kane's sartorial criticism and has accused her of
engaging in "trademark infringement...
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...