Robert B. Barnett

A Puerto Rican chicken company abandoned its mark because it stopped using it for five years and never could offer any evidence of an intent to resume use. The U.S. Court of Appeals for the First…

“To grant trade-dress protection for Pocket Plus,” the court said, “would be to hand it a monopoly over the ‘best’ portable-pouch design,” which trademark law precludes. In a trade-dress infringement…

In a case of first impression, the Ninth Circuit ruled that the Madrid Protocol gave a European company priority of right in a trademark even without prior use in commerce. The Ninth Circuit agreed…

The Ninth Circuit clarified that the first sale doctrine was not meant to be limited to purchasers who do no more than stock, display, and resell a producer's product. In a trademark infringement…

Full disclosure of the identity of the restorer and the used nature of the product protects a seller of second-hand goods from liability for a trademark infringement claim. Hamilton International Ltd…

A permanent injunction preventing an ex-band member from touring as "The Commodores featuring Thomas McClary" extended extrajudicially to European performances. In a long-running dispute in which…

The Third Circuit ruled that Galderma Laboratories owned the trademark to "Restoraderm" pursuant to a 2002 contract between Galderma’s predecessor in interest and the individual inventor of …