The summary judgment finding by the district court which rejected an air mattress company’s theory of initial-interest confusion and the accompanying jury instruction that a likelihood of confusion…
In granting summary judgment, the district court incorrectly assumed that "actual use" of unregistered service mark requires actual sales and revenue generation.
A federal district court applied an…
A party that appeals a Trademark Trial and Appeal Board (TTAB) decision to the Federal Circuit does not waive the right to challenge a subsequent TTAB decision in district court.
A North Carolina…
Widow of longtime MAD artist Don Martin can go forward with mark infringement, publicity rights claims over publications that occurred within Florida’s four-year catch-all statute of limitations.
The…
Tire maker entitled to recover on injunction bond for wrongful prohibition on sale of certain brand tires.
The federal district court in Yakima, Washington, correctly ruled—on remand and in…
Lengthy use by the Unified Buddhist Church of Vietnam of its unregistered marks was not enough, by itself, to raise a triable issue as to the marks’ protectability.
A church that calls itself the…
Use of analogous state-law limitations period for Lanham Act Section 43(a) claims was "unsatisfactory"; summary judgment order finding Bayer’s false association and false advertising claims time-…
The TTAB acted within its discretion in weighing evidence of functionality and alternative designs.
The Trademark Trial and Appeal Board had sufficient evidence to find that two box designs for…
The Trademark Trial and Appeal Board (TTAB) erred by not applying the Supreme Court’s two-part Lexmark test in analyzing standing under 15 U.S.C. § 1064 but nevertheless reached the correct result…
Retailer allegedly created knockoff goods and acted as more than a hands-off intermediary.
Australia-based online retailer Redbubble, Inc., could be directly liable for third-party sellers’…
