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Trademark Litigation › Default Judgment

Fenwick & West LLP

Ninth Circuit Prescribes New Hearing for Damages in AirDoctor Default Judgment

Fenwick & West LLP on

The plaintiff AirDoctor sued the defendant under the Lanham Act for advertising and selling filters for use in AirDoctor purifiers. While the defendant advertised its filters as “compatible” and “replacements” for the...more

McDermott Will & Schulte

Damages on Default Judgment Not Barred by Absence of Precise Amount in Complaint

McDermott Will & Schulte on

The US Court of Appeals for the Ninth Circuit reversed and remanded a district court decision, allowing collection of actual damages in a default judgment where the complaint only sought damages “in an amount to be determined...more

Dorsey & Whitney LLP

A SUPER HERO-ic Trademark Takedown

Dorsey & Whitney LLP on

Last month, the creators of beloved characters like “Superman” and “Spider-Man” declined to come to their own rescue when their SUPER HERO and SUPER HEROES registrations were cancelled by a default judgment from the U.S....more

McDermott Will & Schulte

Message Received: Service of Complaint by Email Found Sufficient

McDermott Will & Schulte on

The US Court of Appeals for the Fifth Circuit affirmed the district court’s entry of default judgment against the defendant because email service of the complaint was proper under the Federal Rules of Civil Procedure and the...more

Foley Hoag LLP - Trademark, Copyright &...

We All Scream For Ice Cream: Master Softee Defaults in Trademark Dispute

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

For some of us who “summered” on the sweltering streets of New York City as children, the sound of the Mister Softee jingle triggers a Pavlovian response for that sweet, soft-serve ice cream. It was the perfect antidote for...more

McDermott Will & Emery

Procedural Missteps Cause Fifth Circuit to Affirm Judgment, Fee Award

McDermott Will & Emery on

M2 Tech., Inc. v. M2 Software, Inc. - In an unpublished decision, the U.S. Court of Appeals for the Fifth Circuit held that a federal district court did not abuse its discretion in issuing a default judgment and fee...more

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