Case law

In February this year a dispute between the law firm FOCUS Advokater (“FOCUS Lawyers” in English) and the accounting firm Beierholm was decided by the Danish Maritime and Commercial High Court (BS…

“What the FACK just happened?!”, some thought, when the CJEU delivered its judgment on the registrability of the trademark FACK JU GÖHTE on 27 February 2020. In case you are unfamiliar with the case,…

Interactive website’s option allowing customers to select Illinois as "ship-to" destination for defendant’s supplement products was among factors cited in reversal of district court’s dismissal of…

Refusal of THE JOINT trademark application was affirmed on the grounds that the mark was merely descriptive of the applicant’s hospitality business services and acquired distinctiveness was not…

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…

A district court should not have applied the doctrine of claims preclusion in the primary dispute over the mark IDHAYAM, based on a prior TTAB proceeding, but the mark owner waived its claims as to…

"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…

There was no evidence that the firm’s marks achieved secondary meaning, and the same marks were being used as trademarks as well as service marks in the advertising space. Plaintiffs and Appellants…

The attorney was unable to show that the USPTO’s decision was arbitrary or capricious. The U.S. Court of Appeals for the Federal Circuit affirmed a decision to dismiss an attorney’s challenge of his…