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Trademark Infringement › Goods or Services › Appeals

Fitch, Even, Tabin & Flannery LLP

The Federal Circuit takes on Kisses, Sunlight, and Soft Drinks

Fitch, Even, Tabin & Flannery LLP on

An application for a US trademark may be rejected if it is likely, when used on or in connection with the goods of the applicant, to cause confusion with another registered mark. On July 23, in Sunkist Growers, Inc. v....more

Stinson LLP

Penn State Victory Maintains Uneasy Status Quo in Sports Merchandising Industry

Stinson LLP on

Most major universities have developed extremely lucrative business empires by exploiting the use of their trademarks and trade dress on apparel and merchandise, among other things. They have done so on the theory that the...more

McDermott Will & Schulte

Equity Is Neither a “Good” Nor a “Service” Under Lanham Act

McDermott Will & Schulte on

The US Court of Appeals for the Ninth Circuit affirmed a district court’s decision that, in terms of trademark use in commerce, corporate equity is not a “good” or “service” under the Lanham Act. LegalForce RAPC Worldwide, PC...more

McDermott Will & Schulte

Second User Vaping Company Has No Claim to “Affliction”

McDermott Will & Schulte 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

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