Robert Margolis

First Circuit affirmed denial of injunction, noting that confusion due to proximity of businesses and both trading off of the same historical legend “is not the type of confusion that trademark…

District court did not abuse its discretion in determining that defendants’ profits did not result from use of infringing marks for airplane engine fuel injection systems. Though aircraft fuel…

District court improperly dismissed Bacardi’s challenge to the PTO decision for lack of subject matter jurisdiction. Finding no provision in the Lanham Act that expressly precludes judicial review of…

In granting summary judgment, the district court incorrectly assumed that "actual use" of unregistered service mark requires actual sales and revenue generation. A federal district court applied an…

"Reverse trademark confusion" infringement theory suffices for liability but does not support recovery of infringer’s profits. The U.S. Court of Appeals in Chicago has affirmed a Wisconsin federal…

Mall operators had actual or constructive knowledge of tenants’ infringement, including prior law enforcement raids and eyewear maker Luxottica’s notifications of trademark infringement. A jury…

A licensor’s failure to disclose in discovery an agreement acknowledging that a third party owned the mark was properly sanctioned. Two beach merchandise retailers asserting rights to use the mark …

District court correctly held that trademark owner failed to raise genuine factual issue as to secondary meaning of the asserted mark. A federal district court correctly found that a non-profit…

Express Oil Change’s use of the phrase "Tire Engineers" in its Mississippi centers was protected commercial speech. Case date: 19 February 2019 Case number: No. 18-60144 Court: United States Court of…