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Infringement Appeals 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

McDermott Will & Schulte

Counterfeit Dealer Gets Smoked in Trademark Preliminary Injunction Proceeding

The US Court of Appeals for the Ninth Circuit affirmed a preliminary injunction barring the defendant from selling counterfeit e-cigarette and vaping products bearing the plaintiff’s logo because the plaintiff’s psychoactive...more

ArentFox Schiff

Second Circuit Keeps a Close “Watch” on IP Owners Pursuing the Secondary Market 

ArentFox Schiff on

The United States Court of Appeals for the Second Circuit recently affirmed a decision by the District Court for the Southern District of New York, finding that refurbished antique watches retaining an original manufacturer’s...more

McDermott Will & Schulte

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

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

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

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

McDermott Will & Emery

Procedural Missteps Cause Fifth Circuit to Affirm Judgment, Fee Award

McDermott Will & Emery on

M2 Tech., Inc. v. M2 Software, Inc. - In an unpublished decision, the U.S. Court of Appeals for the Fifth Circuit held that a federal district court did not abuse its discretion in issuing a default judgment and fee...more

McDermott Will & Emery

Holy Non-Infringement, Batman!

McDermott Will & Emery on

Fortres Grand Corporation v. Warner Bros. Entertainment Inc. - The U.S Court of Appeals for the Seventh Circuit affirmed the dismissal of a trademark infringement claim, finding that a real computer software product...more

McDermott Will & Emery

Res judicata Does Not Bar Claims Arising After Prior Litigation, Even One Based on Similar Conduct

McDermott Will & Emery on

TechnoMarine SA v. Giftports Inc. - Addressing whether a prior litigation between the parties resolving claims of unfair competition bars subsequent suit over similar conduct occurring after settlement of the earlier...more

McDermott Will & Emery

Battle of the ANDROIDS

McDermott Will & Emery on

Erich Specht, et al., v. Google, Inc. - In a decision that provides useful guidance on what constitutes abandonment, the U.S. Court of Appeals for the Seventh Circuit upheld a district court ruling that Google did not...more

Knobbe Martens

Trademark Review - Volume 2 | Issue 12 December 2012

Knobbe Martens on

In This Issue: • Owner of “WOULD YOU RATHER...?” Wins $8.3 Million • PC ON A STICK Is Not Merely Descriptive • Sonoma Wine Producer Wins Geographically Limited Injunction • Brand Owners Awarded Favorable Damages...more

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