Brian Craig

The jury award of $340,000 for lost profits was not excessive but the trial court gave improper jury instructions on punitive damages. Following a jury trial in Louisville, Kentucky that resulted in…

The district court failed to analyze the appropriate preliminary injunction factors on a motion to enforce a settlement agreement with factual disputes. In a trademark dispute over the “GTRACING”…

The district court applied the wrong legal standard for secondary meaning by requiring evidence of specific association rather than a single, anonymous source. In a trademark case between two…

The LEHMAN BROTHERS mark has been used continuously in the course of winding up the affairs of at least one Lehman Brothers affiliated company. In a case involving competing applications to register…

The Board erred by failing to consider whether the registered BROOKLYN BREW SHOP mark has acquired distinctiveness for beer-making kits. In an effort by the owners of the mark BROOKLYN BREWERY to…

The district court’s attorney fee award was reasonable and did not violate First Amendment freedom of speech. In a trademark infringement case between two civic organizations that promote political…

The TTAB acted within its discretion in weighing evidence of functionality and alternative designs. The Trademark Trial and Appeal Board had sufficient evidence to find that two box designs for…

An exclusive licensee that did not own the mark outright when the suit began lacked standing to sue for infringement. An exclusive licensee of a trademark when a trademark infringement suit began…

The creators of a seminar critical of Applied Underwriters Inc.’s EquityComp insurance program did not infringe or dilute Applied’s federally registered trademarks by using them in the name of their…