Case law

The jury instruction improperly stated that the plaintiff was required to show willfulness for an award of profits. Jury instructions given during a trial over whether a whale-watching company and…

In January 2020, Volkswagen (VW, the Opponent) filed an opposition against this trade mark application, alleging a likelihood of confusion with its earlier 3D shape registrations . The Applicant’s…

The Trademark Trial and Appeal Board (TTAB) properly refused to register the mark “.SUCKS,” in standard characters and a stylized pixelated font, for failure to function as mark for the applicant’s…

This case ABP Technology Ltd v Voyetra Turtle Beach, Inc. & Anor (Rev1) [2021] – EWHC 3096 (Ch) (19 November 2021) concerns two parties using highly similar/identical marks (STEALTH) on identical…

Traditional limitations on trademarking a personal name give way to free speech interests when it comes to prominent public officials. The Trademark Trial and Appeal Board violated the First…

In the US an intent-to-use (“ITU”) trademark application may be filed by “a person who has a bona fide intention, under circumstances showing the good faith of such person, to use a trademark in…

A district court rightly enjoined a Wyoming trial lawyer training program from purporting to be the “true board” of a competing program from which it had recently split, the U.S. Court of Appeals for…

First Circuit affirmed a decision to dismiss a trademark suit brought by Motus LLC against CarData Consultants Inc. for a lack of personal jurisdiction, and because alleged trademark infringement was…

Although the federal court stayed its action to allow a state court to determine the scope of certain licenses, the stay could not be reviewed on appeal because it did not effectively end the federal…