Case law

For purposes of the Lanham Act’s fee-shifting provision, "exceptional" cases are those that stand out from others in the manner set forth for Patent Act fee awards in the Supreme Court’s holding in…

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…

The Trademark Trail and Appeal Board erred in finding that there is no likelihood of confusion between Omaha Steaks International’s over two dozen registered marks, each containing the words "Omaha…

Plaintiff Sturgis Motorcycle Rally, Inc. ("SMRI") did not provide the jury with sufficient proof that its unregistered marks "Sturgis," "Sturgis Motorcycle Rally," and "Sturgis Rally & Races" marks…

 The issue of whether domain registrars shall be liable for online infringements has been actively debated in Russia for the recent 3 years. Starting from a remarkable MMK vs. REG.RU case (А40-52455…

In a recent decision from 1 October 2018 (B-2740-17) the Danish Eastern High Court affirmed a decision of the Danish Commercial Court from December 2017 (V-8-17) in which the court had ruled that a…

In an opposition proceeding brought by Frito-Lay North America against Real Foods Pty Ltd., the Trademark Trial and Appeal Board properly determined that the marks CORN THINS and RICE THINS were…

The U.S. Court of Appeals for the Sixth Circuit upheld the dismissal of a trademark infringement suit filed by a Nashville restaurant called "The Row Kitchen and Pub" against a competing restaurant…

    This case is about the genuine use of shape marks. M J Quinlan & Associates PTY Ltd. of Australia own a 1999 registration for the shape of a kangaroo. The mark is protected for potato snacks and…