“To grant trade-dress protection for Pocket Plus,” the court said, “would be to hand it a monopoly over the ‘best’ portable-pouch design,” which trademark law precludes.
In a trade-dress infringement…
A district court was too hasty in rejecting the safe distance rule.
A federal district court in Detroit must reconsider its decision to allow the Indian maker of an off-road vehicle to release a…
The district court erred in considering the failure to produce evidence of actual confusion at this preliminary stage, but the error did not affect the outcome.
The U.S. District Court for the…
The district court applied the wrong legal standard for secondary meaning by requiring evidence of specific association rather than a single, anonymous source.
In a trademark case between two…
A preliminary injunction did not vacate an earlier arbitration award in a long-running dispute over the trademarked family name.
In a dispute between real estate businesses over the name “Singh” and…
Pepsi earns reversal of pretrial order that would have required it to stop marketing a new Mountain Dew product.
A federal district court was wrong to enjoin Pepsi from continuing to market a canned…
The district court erred by failing to analyze infringement under reverse confusion theory.
The federal district court in Miami erred by concluding as a matter of law that Amazon.com, Inc.’s Fire TV…
The 2018 Farm Bill—which carved hemp out of the definition of marijuana—made products containing the Delta-8 THC isomer legal, which meant marks for the products could be federally protected.
A…
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…
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…
