Infringement

Manufacturer of “Mystic Tan” machines failed to show consumers were likely to be confused by salon’s use of its own solution in Mystic Tan booths. The federal district court in Akron, Ohio, did not…

The EU trademark law system does not have, unlike the US, a legal concept of “incontestability”. Instead, it has “acquiescence”, a defence against invalidity or infringement actions which can be…

In a case of first impression, the Ninth Circuit ruled that the Madrid Protocol gave a European company priority of right in a trademark even without prior use in commerce. The Ninth Circuit agreed…

The Ninth Circuit clarified that the first sale doctrine was not meant to be limited to purchasers who do no more than stock, display, and resell a producer's product. In a trademark infringement…

On 4 March 2021, the Danish Maritime and Commercial High Court (the Court) issued a decision between Mads Heindorf Jewellery (Mads Heindorf) and the company Heindorf Diamonds. The dispute regarded…

First Circuit affirmed a decision to dismiss a trademark suit brought by Motus LLC against CarData Consultants Inc. for a lack of personal jurisdiction, and because alleged trademark infringement was…

CA 8668/19 CHANEL v. SCENTWISH LTD— Supreme Court decision dated October 31, 2021 The Israeli Supreme Court has recently remanded to the District Court for further review a claim for a declaratory…

A party that was voluntarily dismissed from an ordinary trademark infringement case was not the "prevailing" party and was not entitled to attorney fees under the Lanham Act or Florida law. The U.S…

Full disclosure of the identity of the restorer and the used nature of the product protects a seller of second-hand goods from liability for a trademark infringement claim. Hamilton International Ltd…