News & Analysis as of

Appeals Declaratory Judgments Trademarks

McDermott Will & Schulte

State court action doesn’t create reasonable apprehension of related federal claims

Addressing whether a federal district court had jurisdiction over an action for declaratory relief that certain trade secrets and trademarks were invalid and not infringed, the US Court of Appeals for the Eighth Circuit...more

Loeb & Loeb LLP

Carroll Shelby Licensing, Inc. v. Halicki

Loeb & Loeb LLP on

Ninth Circuit holds that custom Ford Mustang called “Eleanor,” which appeared in four films from 1974 to 2000, is not entitled to character copyright protection under Towle test and that licensor of custom car design did not...more

McDermott Will & Schulte

Pre-Enforcement Commercialization Isn’t “Impossible” Basis for Personal Jurisdiction of Nonresident Defendant

The US Court of Appeals for the Ninth Circuit reversed a district court’s dismissal of trademark declaratory judgment claims, finding that pre-enforcement commercialization activities can be used to establish personal...more

McDermott Will & Schulte

No Winners Here: A Case Can Have No Prevailing Party

In a matter of first impression, the US Court of Appeals for the Eleventh Circuit found that there may be no prevailing party for purposes of assessing costs and attorneys’ fees under Federal Rule of Civil Procedure 54(d)....more

McDermott Will & Schulte

Alleged Trademark Infringer Remains Hog-Tied after Appeal

The US Court of Appeals for the Tenth Circuit dismissed an appeal of a district court order denying a stay of a federal action for lack of jurisdiction under 28 U.S.C. § 1291 and reversed in part the district court’s grant of...more

McDermott Will & Schulte

Don’t SULKA: Trademark Plaintiff Must Demonstrate Intent, Ability to Use Mark

The US Court of Appeals for the Second Circuit affirmed the dismissal of a complaint seeking a declaration of trademark abandonment, finding that the plaintiff (the co-owner of an online business that sells to customers in...more

McDermott Will & Schulte

In the Pink: Lack of Personal Jurisdiction Results in Dismissal of Non-Infringement Verdict

Addressing personal jurisdiction in a declaratory judgment action, the US Court of Appeals for the 10th Circuit reversed the district court’s bench trial verdict, finding that the district court lacked specific personal...more

McDermott Will & Schulte

Grill Trademark Dispute Is Overdone, but Contract Battle Sizzles On

Addressing—for the second time—the ownership of certain trademarks after sale of the relevant business, the US Court of Appeals for the Fifth Circuit concluded that the trademarks and goodwill associated with a single...more

Snell & Wilmer

Ninth Circuit Refuses to Vacate Lower Court’s Ruling After Settlement During Appeal

Snell & Wilmer on

On Tuesday, the Ninth Circuit declined to vacate a district court’s ruling at the request of the parties after they reached a settlement of their trademark dispute. In Reserve Media, Inc. v. Efficient Frontiers, Inc.,...more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Anti-Terrorism Act (ATA) - District Court Dismisses ATS Claim Where Alleged Conduct in US Was Not Directly Linked to Injuries Claimed in Other Countries - ...more

Blake, Cassels & Graydon LLP

Quebec Court of Appeal Confirms Right to Use Non-French Trade-marks on Storefront Signs without Generic French Terms

The Court of Appeal of Quebec reaffirmed that the Charter of the French Language (Charter) does not require a trade-mark used on a storefront sign to be accompanied by a generic French term. This judgment confirms the...more

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