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Lanham Act › Trademarks › Dismissals

Fox Rothschild LLP

TTAB Practitioners Beware: TTAB Dismissals With Prejudice, But Without Judgment, Can Support A Claim Preclusion Defense

Fox Rothschild LLP on

In a recent precedential cancellation decision, the Trademark Trial and Appeal Board (“Board”) partially granted Respondent’s motion for summary judgment, holding that the parties’ stipulation that prior proceedings between...more

McDermott Will & Schulte

Just How Similar Must Competing Marks Be to Survive Dismissal?

McDermott Will & Schulte on

After a de novo review, the US Court of Appeals for the Sixth Circuit affirmed in part and reversed in part a district court’s motion to dismiss, finding the competing marks sufficiently similar to avoid dismissal, and the...more

McDermott Will & Schulte

Personal Jurisdiction? Selling Products via Interactive Website Will Do It

McDermott Will & Schulte on

The US Court of Appeals for the Ninth Circuit reversed and remanded a district court’s dismissal for lack of personal jurisdiction, deciding that the sale of a product via an interactive website provides sufficient “minimum...more

McDermott Will & Schulte

Single T-Shirt Sale Can’t Clothe Bare-Bones Personal Jurisdiction Claim

McDermott Will & Schulte on

The US Court of Appeals for the Eighth Circuit affirmed a district court’s dismissal of a trademark infringement suit for lack of personal jurisdiction, finding that the trademark owner failed to allege that the alleged...more

McDermott Will & Schulte

Agreement to One Is Not Consent to All

McDermott Will & Schulte on

Addressing a myriad of issues involving unauthorized use of professional models’ photographs for gentlemen’s clubs’ promotional materials, the US Court of Appeals for the Second Circuit held that the district court erred in...more

McDermott Will & Schulte

GOOGLES Wins Right to Sue Google

McDermott Will & Schulte on

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

McDermott Will & Schulte

Although Dismissal Sanction Was Abuse, Complaint Fails on Nominative Fair Use

McDermott Will & Schulte on

Addressing whether a district court properly dismissed a Lanham Act case as a sanction for failure to timely file an amended complaint, the US Court of Appeals for the Ninth Circuit concluded that the dismissal sanction was...more

Dorsey & Whitney LLP

Competitor’s Claim of False Advertising Through Use of Certification Mark Dismissed

Dorsey & Whitney LLP on

In Board-Tech Elec. Co. v. Eaton Electric Holdings LLC, the U.S. District Court for the Southern District of New York recently dismissed a novel claim that a competitor’s authorized use of a third party’s certification mark...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

Fenwick & West LLP

Litigation Alert: The Ninth Circuit Leaves Pirate Joe’s Saying “Shiver Me Timbers!”

Fenwick & West LLP on

Late last week, the U.S. Court of Appeals for the Ninth Circuit determined a court had jurisdiction to decide a trademark lawsuit filed by a U.S. grocery store against a Canadian reseller where the products at issue were only...more

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