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Lanham Act › Standing › Trademark Infringement

McDermott Will & Schulte

Standing: Don’t get owned by incorrect trademark ownership

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The US Court of Appeals for the Second Circuit affirmed a district court’s dismissal of a trademark and unfair competition suit, ruling that the plaintiff did not own the asserted trademark. The Court also held that the owner...more

McDermott Will & Schulte

GOOGLES Wins Right to Sue Google

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The US Court of Appeals for the Second Circuit vacated and remanded a district court’s dismissal of a trademark dispute for lack of subject matter jurisdiction, noting that the dispute arose under contractual standing, which...more

Akerman LLP - Marks, Works & Secrets

When Abandonment Isn’t Abandonment: Use of an “Abandoned” Mark by a Subsidiary

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The Trademark Trial and Appeal Board (the “Board”) recently held that AT&T Mobility, LLC (“AT&T”) had sufficient interest in its almost completely moribund CINGULAR name to oppose two pending trademark applications filed by...more

Knobbe Martens

11th Circuit Decides Dispute on Kardashian’s Beauty Mark

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The Kardashian sisters were the celebrity endorsers for a cosmetic line previously called “Khroma Beauty” that was created and marketed by Boldface....more

McDermott Will & Schulte

Kardashians Walk - Trademark Licensee Has No Standing to Sue for Infringement

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The US Court of Appeals for the 11th Circuit held that an exclusive foreign licensee lacked standing to sue for trademark infringement in the United States and affirmed the district court’s grant of summary judgment. Kroma...more

Dorsey & Whitney LLP

European Licensee Lacked Sufficient Rights to Enforce Trademark Claim Against Kardashian Sisters

Dorsey & Whitney LLP on

Can a licensee sue for trademark infringement under Section 43(a) of the Lanham Act? On April 1, 2019, the Eleventh Circuit issued its decision in Kroma Makeup EU, LLC v. Boldface Licensing + Branding, Inc. et al., and held...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Schwabe, Williamson & Wyatt PC on

This was a busy week for precedential cases at the Circuit. In AIA v. Avid, the Circuit rules that there is no right to a jury trial as to requests for attorney fees under § 285. In Romag v. Fossil, a majority rules that the...more

Akerman LLP - Marks, Works & Secrets

Stolichnaya: Comity or Confiscation; and Is That For US Courts to Decide?

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The Second Circuit recently issued its latest ruling in a long-running legal battle over the trademark rights to the STOLICHNAYA trademark. In this latest decision in the 12-year dispute, the Court ruled that an agency of the...more

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