Seller’s appeal of district court’s judgment against it was frivolous because its arguments had virtually no likelihood of success, and the appeal seemingly was pursued for purposes of delay.
In a…
While it is appropriate for a district court to adopt the findings of fact of a magistrate judge’s report and recommendations when deciding a motion for a preliminary injunction, it cannot do so when…
The preliminary injunction was vacated, however, with respect to products the licensee held in inventory and that the mark owner did not seek to repurchase under the parties’ license agreement.
A…
The business owner’s purported plans to expand to the United States market were vague and conclusory, and his filing of a U.S. trademark application had little bearing on his ability to expand his…
Evidence supported the finding that marks owned by the operator of the San Diego Comic Convention were not generic, and litigation misconduct by the defendant supported a $3.9 million attorney fee…
Expired utility patent described the advantages of product configuration trade dress for "a beveled scalloped upper edge of a metal fastener."
The federal district court in Chicago properly…
There is no per se rule providing that dismissal without prejudice of claims involving a fee-shifting statute such as the Lanham Act necessarily causes a defendant to suffer legal prejudice from…
Interactive website’s option allowing customers to select Illinois as "ship-to" destination for defendant’s supplement products was among factors cited in reversal of district court’s dismissal of…
Refusal of THE JOINT trademark application was affirmed on the grounds that the mark was merely descriptive of the applicant’s hospitality business services and acquired distinctiveness was not…
An exclusive licensee that did not own the mark outright when the suit began lacked standing to sue for infringement.
An exclusive licensee of a trademark when a trademark infringement suit began—…
