Case law

375 articles available

The German manufacturer’s participation in tradeshows in Colorado was "by chance" and did not indicate "purposeful availment" of the forum state, and its efforts to enforce its asserted trade dress…

The panel remanded an award of attorney fees and prejudgment interest based on its new precedent on what makes for an "exceptional" case for purposes of Section 35 of the Lanham Act. The U.S. Circuit…

Mall operators had actual or constructive knowledge of tenants’ infringement, including prior law enforcement raids and eyewear maker Luxottica’s notifications of trademark infringement. A jury…

On 29 July 2019, the European Court of Justice (CJEU) handed down a ruling that ended a six-year battle over the validity of trademark rights in the name of Red Bull to the combination of the colours…

A licensor’s failure to disclose in discovery an agreement acknowledging that a third party owned the mark was properly sanctioned. Two beach merchandise retailers asserting rights to use the mark …

Are e-commerce websites allowed to sell products of companies engaged in direct selling? The Delhi High Court of India, in its judgment of 8 July 2019, here, held platforms such as Amazon, Flipkart,…

The USPTO properly refused to register ARTISAN NY for clothing because, like the registered mark ARTESANO NEW YORK CITY, the proposed mark conveyed the impression of clothing made by skilled…

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the top 3 most-read posts from each of our…

Polish Supreme Court, Civil Chamber, 9 May 2019, Case No. I CSK 263/18 The Polish Supreme Court (Sąd Najwyższy) overturned the judgment of the Warsaw Court of Appeal (case no. I ACa 962/16) on the…