Case law

Costco raised triable issues of fact as to its liability for infringement and counterfeiting and whether its use of "Tiffany" to describe a ring style was fair use. The federal district court in…

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 existence of a contractual relationship between the two parties was not a prerequisite to the power of the district court to adjudicate the breach of contract claim. Whether the assignment of a…

  We’ve been seeing a lot more interest from life sciences companies in applying for slogans recently. After all, advertising campaigns are increasingly a fierce battlefield for IP litigation. …

Seller’s appeal of district court’s judgment against it was frivolous because its arguments had virtually no likelihood of success, and the appeal seemingly was pursued for purposes of delay. In a…

Obtaining the status of a well-known trademark in Russia enables a right holder to prohibit any third parties from the unauthorized use of similar marks for whatever goods and services without any…

    The German Federal Supreme Court today once more decided on cancellation claims against German trademark registrations for square-shaped packaging for chocolate products (Decision of 23 July 2020…

Further to Estelle Derclaye’s Kluwer Blog Post, a copy of which can be found here, we take a look at the practical consequences for manufacturers of the recent request for a preliminary ruling from…

While it is appropriate for a district court to adopt the findings of fact of a magistrate judge’s report and recommendations when deciding a motion for a preliminary injunction, it cannot do so when…