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…
"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…
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…
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In a non-precedential decision, the U.S. Court of Appeals for the Federal…
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…
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 "…
