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 ...

There are two sides to every coin, and in light of recent judgments, it looks like eBay’s coin is coming up heads in Europe and tails in the United States. In France, a c ...

For intellectual property lawyers, the March announcement by Psystar Company that it had developed and planned to sell a fully functional clone of Apple, Inc.’s M ...

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 pag ...

Refiling a complaint is permissible under limited circumstances, most notably following an earlier dismissal on the merits, but also by order granti ...

Fantastic Sams, a chain of hair salons, has filed suit against its competitor, Regis Corporation, accusing Regis of service mark infringement. The lawsuit, which was filed in the Western Distri ...

     On April 7, 2008, the Court of Appeals for the 11 th Circuit addressed the use of a competitor’s trademarks in meta tags to divert internet traffic a ...

In McNeil Nutritionals LLC v. Heartland Sweeteners LLC , 511 F.3d 350 (3d Cir. 2007) the Third Circuit Court of Appeals decided that "arguably, under our holding, sto ...

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 &nbs ...