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Likelihood of Confusion › Breach of Contract › Trademark Litigation

ArentFox Schiff

Clash of the Columbias - Litigating Co-Existence Agreements

ArentFox Schiff on

Columbia Sportswear and Columbia University both use the word mark “COLUMBIA” on apparel. To prevent confusion and avoid a trademark fight, the parties entered into a co-existence agreement in 2023 to let the University keep...more

McDermott Will & Schulte

Smart Choice: Survey Design Didn’t Render Survey Unreliable

McDermott Will & Schulte on

Underscoring its faith in a jury’s competency to use its “common sense and experience” in evaluating evidence, the US Court of Appeals for the Ninth Circuit affirmed a district court’s judgment in favor of the defendants in a...more

McDermott Will & Schulte

Disgorgement of Profits Appropriate Remedy for Breach of Contract, Trademark Infringement

McDermott Will & Schulte on

In a trademark infringement and breach of contract case involving real estate companies with a shared name, the US Court of Appeals for the Fourth Circuit affirmed summary judgment in favor of the trademark owner, including...more

McDermott Will & Emery

Proof of Confusion Essential for Trademark Injunction - Arborjet, Inc. v. Rainbow Treecare Scientific Advancements, Inc.

McDermott Will & Emery on

Addressing the likelihood of success requirement for injunctive relief, the U.S. Court of Appeals for the First Circuit vacated an order requiring trademark attribution where the district court had not found a likelihood of...more

Foley Hoag LLP - Trademark, Copyright &...

I Think That I Shall Never See, Trademark Injunctions If Confusion Is Unlikely

Foley Hoag LLP - Trademark, Copyright &... on

In its recent decision in Arborjet, Inc. v. Rainbow Treecare Scientific Advancements, Inc., a case involving claims for breach of contract and trademark infringement, the U.S. Court of Appeals for the First Circuit affirmed a...more

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