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Appellate Courts Trademarks

McDermott Will & Emery

Victory lap: Extraterritorial injunction permitted for breach of settlement agreement

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The US Court of Appeals for the Fourth Circuit upheld a permanent injunction, concluding that the district court properly determined that a party’s violation of a settlement agreement would lead to irreparable harm. Wudi...more

Morgan Lewis

UK Supreme Court Confirms Post-Sale Context Is a Basis for Trademark Infringement

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The UK Supreme Court recently handed down judgement in the case of Iconix Luxembourg Holdings SARL v. Dream Pairs Europe Inc. The decision has provided important clarity on the question of whether post-sale confusion is...more

Ervin Cohen & Jessup LLP

No “Sale,” No Trademark: Ninth Circuit Dismisses “WallStreetBets” Founder’s Infringement Claim Against Reddit for Lack of...

On June 11, 2025, in likely the most significant ruling of the longstanding feud between the social media website, Reddit, Inc., and the founder of its notorious “WallStreetBets” subreddit community, Jaime Rogozinski, the...more

McDermott Will & Emery

Up in Smoke: Statutory Trademark Damages Can Exceed Actual Damages

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Addressing a jury’s statutory damages award that surpassed the plaintiffs’ actual damages, the US Court of Appeals for the Eleventh Circuit affirmed the district court’s denial of the defendant’s motion for judgment as a...more

McDermott Will & Emery

Damages on Default Judgment Not Barred by Absence of Precise Amount in Complaint

The US Court of Appeals for the Ninth Circuit reversed and remanded a district court decision, allowing collection of actual damages in a default judgment where the complaint only sought damages “in an amount to be determined...more

ArentFox Schiff

It’s Not Easy Being Green (If You Are a Color Trademark for Medical Gloves)

ArentFox Schiff on

In refusing registration of the color green for “chloroprene medical examination gloves,” the Federal Circuit adopted — for the first time — a legal test for genericness of color marks. The decision underscores the high...more

Baker Botts L.L.P.

When Can District Courts Cancel Trademark Applications?

Baker Botts L.L.P. on

Courts are divided on whether their power to order the cancellation of trademark registrations extends to still pending trademark applications under review by the United States Patent and Trademark Office (USPTO). The Ninth...more

McDermott Will & Emery

SCOTUS: Trademark Infringement Damages Award Includes Only the Named Defendant’s Profits

In a unanimous decision, the Supreme Court of the United States vacated and remanded a damages award for willful infringement under the Lanham Act (15 U.S.C. § 1117(a)) in Dewberry Group Inc. v. Dewberry Engineers Inc.,...more

McDermott Will & Emery

You Want Some “Metchup” with That?

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The US Court of Appeals for the Fifth Circuit found no infringement by a large, well-known company that used the registered mark of an individual whose own use was local and generated only a few sales and minimal profits. The...more

McDermott Will & Emery

Pardon My French: France Wins Trademark Dispute Using Sovereign Immunity

The US Court of Appeals for the Fourth Circuit reversed a district’s court denial of sovereign immunity under the Foreign Sovereign Immunity Act (FSIA) and remanded the case to be dismissed with prejudice, holding that France...more

McDermott Will & Emery

No Appellate Jurisdiction to Review Post-Verdict Appeal of Previously Denied SJ Motion

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In a closely watched trademark/counterfeiting case, the US Court of Appeals for the Second Circuit affirmed a judgment for contributory infringement, award of permanent injunction and monetary damage award against a...more

Rivkin Radler LLP

Insurance Update-July 2020

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We bring you our July Insurance Update. Perhaps the biggest news this month comes out of Michigan. At a Zoom hearing on July 1, a Michigan Circuit Court judge became the first to hand down a decision on whether business...more

Weintraub Tobin

The Ninth Circuit Affirms Ruling That COMIC-CON Isn’t Generic For Comic Conventions

Weintraub Tobin on

The battle started almost six years ago. A Utah-based company known as Dan Farr Productions (“DFP”) decided to use San Diego Comic Convention’s (“SDCC”) registered trademark COMIC-CON in conjunction with its own comic and...more

Hogan Lovells

China: New national-level Appeal Court – Cautious hopes for improved consistency and efficiency in high-tech IP / patent cases

Hogan Lovells on

On 26 October 2018, the Standing Committee of China’s National People’s Congress (NPC) issued a Decision setting out the establishment of a new IP Court of Appeals at the national level within the Supreme People’s Court...more

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