Case law

375 articles available

Expired utility patent described the advantages of product configuration trade dress for "a beveled scalloped upper edge of a metal fastener." The federal district court in Chicago properly…

Red Bull GmbH v Big Horn UK Limited & Ors [2020] EWHC 124 (Ch) This case is an interesting commentary on the route that rights holders can pursue in order to challenge lookalike products…

There is no per se rule providing that dismissal without prejudice of claims involving a fee-shifting statute such as the Lanham Act necessarily causes a defendant to suffer legal prejudice from…

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…