News & Analysis as of

Trademark Infringement › Summary Judgment › Vacated

McDermott Will & Schulte

When Analyzing Likelihood of Confusion, It’s Not Just Location, Location, Location

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The US Court of Appeals for the Fourth Circuit vacated a district court’s decision finding no infringement that focused on only the geographic distance between the physical locations of the two users without considering the...more

Ladas & Parry LLP

New York Court Sides with PepsiCo on Remand in Ongoing Rise Brewing Dispute

Ladas & Parry LLP on

In Riseandshine Corporation v PepsiCo Inc (SDNY-1-21-cv-06324), plaintiff Riseandshine Corporation, doing business as Rise Brewing, brought three federal and two state claims relating to trademark infringement and unfair...more

McDermott Will & Schulte

First Sale Defense Bars Trademark Infringement Where Trademarked Component Is Adequately Disclosed

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A US Court of Appeals for the Ninth Circuit panel vacated a grant of summary judgment in favor of the plaintiff, holding that the first sale doctrine applies when a trademarked product is incorporated into a new product....more

Jones Day

Second Circuit Vacates Tiffany's $21 Million Win Over Costco

Jones Day on

The Second Circuit vacates Tiffany's summary judgment win over Costco and remands for a trial over the use of the word "Tiffany" in advertising for engagement rings. On August 17, 2020, in Tiffany & Co. v. Costco Wholesale...more

McDermott Will & Schulte

Diamonds to Dust? Too Many Factual Disputes Precludes Summary Judgment

McDermott Will & Schulte on

The US Court of Appeals for the Second Circuit vacated a district court’s summary judgment grant in favor of a fine jewelry producer for trademark infringement, counterfeiting and unfair competition because factual disputes...more

Troutman Pepper Locke

Diamonds are Forever, but Tiffany’s $21M Trademark Win is Not

Troutman Pepper Locke on

A federal appeals court issued its opinion on August 17th in Tiffany & Co. v. Costco Wholesale Corp., vacating a $21 million judgment against Costco Wholesale Corp. Costco had marketed unbranded diamond engagement rings...more

McDermott Will & Schulte

Transfer of “Know-How” Includes Copyrights

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The US Court of Appeals for the Sixth Circuit vacated the district court’s dismissal of trademark and false advertising claims and grant of summary judgment on a copyright claim. Evoqua Water Technologies, LLC v. M.W....more

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