News & Analysis as of

Remand Reversal Trademark Litigation

Sunstein LLP

Bad Spaniels on Remand: Parody Provides an Escape from Infringement But Not From Dilution

Sunstein LLP on

The dispute at issue in Jack Daniel’s arises from a conflict between the well-known whiskey company and a dog toy company (VIP) regarding VIP’s unauthorized use of Jack Daniel’s trademarks and trade dress in connection with a...more

McDermott Will & Emery

What a Croc! False Claim That Product Feature Is Patented Can Give Rise to Lanham Act Violation

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit reversed and remanded a grant of summary judgment on a false advertising claim, concluding that a cause of action under Section 43(a) of the Lanham Act can arise when a party...more

Erise IP

What’s Trending in Trademarks, August 2024: What Constitutes an Abandoned Mark? How Famous is Cognac?

Erise IP on

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Fourth...more

McDermott Will & Emery

On the Road Again: Alternative Designs May Impact Trade Dress Functionality Analysis

McDermott Will & Emery on

The US Court of Appeals for the Sixth Circuit reversed and remanded a summary judgment ruling, finding that there were genuine disputes of material fact regarding whether the plaintiff’s alleged trade dress was functional and...more

McDermott Will & Emery

I Know That Brand . . . Or Do I? Reviewing the Eleventh Circuit’s Likelihood of Confusion Analysis

McDermott Will & Emery on

The US Court of Appeals for the Eleventh Circuit reversed and remanded a district court’s summary judgment ruling finding no likelihood that consumers might be confused as to any relationship between competitors operating in...more

McDermott Will & Emery

Delay in Enforcing Trademark Measured from When Infringement Became Actionable

McDermott Will & Emery on

Addressing laches and progressive encroachment, the US Court of Appeals for the Eighth Circuit reversed and remanded a district court’s grant of summary judgment based on laches because the district court failed to “conduct a...more

McDermott Will & Emery

Second User Vaping Company Has No Claim to “Affliction”

McDermott Will & Emery on

The US Court of Appeals for the 10th Circuit reversed a grant of summary judgment in favor of a company selling vaping accessories under the mark AFFLICTION, holding that the district court had erred in holding as a matter of...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2019 #4

Coda Development S.R.O. v. Goodyear Tire & Rubber Co., Appeal No. 2018-1028 (Fed. Cir. Feb. 22, 2019) In an appeal from a district court dismissal of a case seeking correction of inventorship, the Federal Circuit reversed...more

McDermott Will & Emery

Acquiescence Defense – Don’t Try to Use It Too Early

The US Court of Appeals for the Seventh Circuit reversed and remanded a district court decision, finding that the defendant’s attempt to have a trademark infringement lawsuit dismissed at the pleading stage based on an...more

McDermott Will & Emery

Do Amazon.com’s Search Results Constitute Trademark Infringement? - Multi Time Machine, Inc. v. Amazon.com, Inc.

McDermott Will & Emery on

Holding that a reasonable jury could find that online retailer created a likelihood of consumer confusion through the format of its product search returns, the U.S. Court of Appeals for the Ninth Circuit reversed the district...more

Foley Hoag LLP - Trademark, Copyright &...

Pretzel Logic: Federal Circuit holds that TTAB Failed to Consider Mark as a Whole

An application to register PRETZEL CRISPS as a mark will live another day, thanks to a Federal Circuit opinion reversing a TTAB decision that had canceled the mark on grounds of genericness....more

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