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Trademark Litigation › Dismissals › Lanham Act

Fox Rothschild LLP

TTAB Practitioners Beware: TTAB Dismissals With Prejudice, But Without Judgment, Can Support A Claim Preclusion Defense

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In a recent precedential cancellation decision, the Trademark Trial and Appeal Board (“Board”) partially granted Respondent’s motion for summary judgment, holding that the parties’ stipulation that prior proceedings between...more

McDermott Will & Schulte

Just How Similar Must Competing Marks Be to Survive Dismissal?

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After a de novo review, the US Court of Appeals for the Sixth Circuit affirmed in part and reversed in part a district court’s motion to dismiss, finding the competing marks sufficiently similar to avoid dismissal, and the...more

McDermott Will & Schulte

Personal Jurisdiction? Selling Products via Interactive Website Will Do It

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The US Court of Appeals for the Ninth Circuit reversed and remanded a district court’s dismissal for lack of personal jurisdiction, deciding that the sale of a product via an interactive website provides sufficient “minimum...more

McDermott Will & Schulte

Single T-Shirt Sale Can’t Clothe Bare-Bones Personal Jurisdiction Claim

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The US Court of Appeals for the Eighth Circuit affirmed a district court’s dismissal of a trademark infringement suit for lack of personal jurisdiction, finding that the trademark owner failed to allege that the alleged...more

McDermott Will & Schulte

Although Dismissal Sanction Was Abuse, Complaint Fails on Nominative Fair Use

McDermott Will & Schulte on

Addressing whether a district court properly dismissed a Lanham Act case as a sanction for failure to timely file an amended complaint, the US Court of Appeals for the Ninth Circuit concluded that the dismissal sanction was...more

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