Trademark Infringement, Discovery, Appeals

If You Want Damages for Trademark Infringement, Be Prepared to Do the Dew(berry)

McCarter & English, LLP on 3/13/2025

Under federal trademark law, a winning trademark owner can seek a defendant’s profits from infringing use of the trademark. But just who is the “defendant” whose profits can be reached? Is it the corporate affiliate of the...more

Don’t Tread on Illinois’ Absolute Litigation Privilege

McDermott Will & Schulte on 10/17/2024

Addressing when Illinois law’s “absolute litigation privilege” bars certain counterclaims, the US Court of Appeals for the Federal Circuit affirmed a district court’s summary judgment finding that the plaintiff lacked a valid...more

E-cigs & E-discovery: When Marriage Cannot Save Sloppy Document Productions

Proskauer - Minding Your Business on 8/16/2022

What began as a trademark infringement dispute concerning electronic cigarettes has evolved into a never-ending series of discovery issues, and lessons about the limits of Federal Rule of Evidence 502 and privilege waivers...more

Second User Vaping Company Has No Claim to “Affliction”

McDermott Will & Schulte on 10/14/2019

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

Anonymous Online Speech: Considerations for Victims and Speakers

Skadden, Arps, Slate, Meagher & Flom LLP on 6/19/2019

In today’s world — where social media has become a source of news for many — companies and individuals often find themselves the subject of negative and anonymous online comments. These comments can give rise to legal claims...more

Streamlined Canadian trademark litigation — Court of Appeal opens door to full compensation

Smart & Biggar on 12/12/2017

A recent decision of the Federal Court of Appeal sheds light on a streamlined litigation procedure that brand owners may find attractive. In Group III International Ltd v Travelway Group International Ltd, 2017 FCA 215...more