Express Oil Change’s use of the phrase "Tire Engineers" in its Mississippi centers was protected commercial speech.
Case date: 19 February 2019
Case number: No. 18-60144
Court: United States Court of…
The creators of a seminar critical of Applied Underwriters Inc.’s EquityComp insurance program did not infringe or dilute Applied’s federally registered trademarks by using them in the name of their…
The Board erred by disregarding evidence of the lender’s longtime use of its mark in the same location as a similar registered mark, without consumer confusion. Because this was evidence that…
The International Trade Commission (ITC) erred when it reassessed the sufficiency of Laerdal Medical Corp.’s trade dress claims against defaulting respondents after instituting an investigation of…
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…
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"…
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…
A German company’s interactive website, through which it assisted customers with improving their software products, was sufficient to subject the company to federal personal jurisdiction for purposes…
