Case law

"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…

Because the contract did not give a popcorn manufacturer a perpetual license to sell popcorn under the Mrs. Fields trademark, the manufacturer should not have been granted a preliminary injunction…

As we all know, the EUTM Regulation 2017/1001 now requires the applicant to indicate the goods and services for which the protection of the trademark is sought with sufficient clarity and precision…

The New York Oneidas lacked standing to challenge the Interior Department’s approval of the Wisconsin Oneidas’ request to change its name to "Oneida Nation," despite the Wisconsin tribe’s initiation…

 On 14th October 2019 the Italian authorities seized approximately 250 tubes of Prosecco and Pink Peppercorn flavoured Pringles crisps from supermarket chain Tosano in the Veneto region of…

On 16 October 2019, the long-awaited opinion of Advocate General Tanchev was handed down in the case of Sky Plc & Ots v SkyKick UK Ltd & Anr (Case C-371/18). The opinion is couched in terms of public…

Single display of trademark on race car and jumpsuit did not establish intent to use the mark for the registered product. In a non-precedential decision, the U.S. Court of Appeals for the Federal…