9/15/2008 8:08:01 PM EST Posted by Janet MarvelPartner, Pattishall, McAuliffe, Newbury, Hilliard, and Geraldson
Since 1994, when the Federal Circuit issued its ruling in Conopco, Inc. v. May Department Stores Co., 46 F.3d 1556 (Fed. Cir. 1994), private labelers have had broader latitude th ... Create an account or login to post comments. | Comments (0)
|
9/29/2008 11:10:37 AM EST
In Tiffany, Inc. v. eBay, Inc. , 2008 U.S. Dist. LEXIS 53359 (S.D.N.Y. 2008), the court held that eBay was not liable for contributory trademark infringement, though listings on i ... Create an account or login to post comments. | Comments (0)
|
4/3/2008 12:53:11 PM EST
Plaintiff Applied Information Sciences Corp. ("AIS") holds a federally registered trademark in the term "SmartSearch" for certain computer related functions. Defenda ... Create an account or login to post comments. | Comments (0)
|
4/16/2008 4:48:36 PM EST
A plaintiff obtains an injunction to prohibit a business competitor from using a trademark confusingly similar to plaintiff’s mark. In response, defendant changes its mark, but co ... Create an account or login to post comments. | Comments (0)
|
4/16/2008 4:49:38 PM EST
In McNeil Nutritionals v. Heartland Sweeteners , the Third Circuit ruled that store brand copies of national brands can have packaging that comes closer to that of ... Create an account or login to post comments. | Comments (0)
|
3/25/2008 12:19:21 PM EST
After successful prosecution of a counterfeiting case, a plaintiff may choose between trebled actual damages and statutory damages. The Ninth Circuit has interpreted the ... Create an account or login to post comments. | Comments (0)
|
3/25/2008 11:42:20 AM EST
The United States District Court for the District of Minnesota recently denied a p ... Create an account or login to post comments. | Comments (0)
|
9/24/2008 1:16:08 PM EST
In Standard Process, Inc. v. Banks , 2008 U.S. Dist. LEXIS 31993 (E.D. Wisc. 2008), a chiropractor bought dietary supplements from a manufacturer and sold them on his website, des ... Create an account or login to post comments. | Comments (0)
|
6/2/2008 3:59:18 PM EST
Nylok sued Nasalok for trademark infringement, and when Nasalok defaulted, the district court enjoined it from infringing the mark. Thereafter, Nasalok petitioned the TTAB (Trademark Tr ... Create an account or login to post comments. | Comments (0)
|
3/26/2008 4:20:24 PM EST Posted by Mary LaFranceProfessor of Law, William S. Boyd School of Law, University of Nevada Las Vegas
The Supreme Court's decision in eBay v. MercExchange changed the playing field for patentees seeking permanent injunctions against infringers, r ... Create an account or login to post comments. | Comments (0)
|
5/14/2008 5:57:14 PM EST
Do any of your clients use a foreign language trademark? If so, you need to understand the doctrine of foreign equivalents. The Trademark Trial and Appeal Board (TTAB) has published a n ... Create an account or login to post comments. | Comments (0)
|
5/12/2008 1:31:58 PM EST
Things are not always as they seem in trademark law. A party can acquiesce to another's use of a similar trademark, yet be granted an injunction. And a party can make a misstatement in ... Create an account or login to post comments. | Comments (0)
|
4/27/2008 5:58:40 PM EST
Why would a start up on-line magazine focused on women’s shoes choose as a trademark the famous nickname of a male "tough guy" film star? Having made such an odd choice, ... Create an account or login to post comments. | Comments (0)
|
4/16/2008 4:51:00 PM EST
Two bands have shared a common name, the "Wailers," for many years. One band is famous, one is not. The un-famous band (Plaintiffs) has been using the name since 1959. The fam ... Create an account or login to post comments. | Comments (0)
|
3/25/2008 11:45:45 AM EST
Imagine that a product distributor surreptitiously manufactures a product that directly competes with a product it has been distributing. Imagine that the "new" product looks ... Create an account or login to post comments. | Comments (0)
|
|