A Texas pawn shop operator had prior common law rights for similar marks and overlapping pawn services, making Dollar Financial’s MONEY MART marks likely to cause confusion.The U.S. Court of Appeals…
The Trademark Trial and Appeal Board (TTAB) correctly found opposer’s mark highly descriptive, unsupported by sufficient evidence of acquired distinctiveness and ineligible for protection.
The U.S.…
The Eleventh Circuit let stand an injunction barring the use of "KRANK3D" for supplements, in a case brought by the holder of a "KRANKED" mark.
An Eleventh Circuit Court of Appeals panel upheld a…
The panel said that the district court properly analyzed the strength-of-mark factor as a question of law.
The U.S. Court of Appeals for the Second Circuit has affirmed a district court judgment that…
The plaintiff failed to show a likelihood of success on the merits of its trademark violation suit.
The U.S. Court of Appeals for the Fifth Circuit upheld the district court’s denial of a preliminary…
District court erred in dismissing infringement claims for failure to articulate trade dress with precision; unfair competition claims revived as federal claims reinstated.
The U.S. Court of Appeals…
The Federal Circuit affirmed a Trademark Trial and Appeal Board (TTAB or the “Board”) decision to cancel a mark based on priority of use, despite the Appellant’s argument that an declarations to show…
First Circuit affirmed denial of injunction, noting that confusion due to proximity of businesses and both trading off of the same historical legend “is not the type of confusion that trademark…
Selling company equity or stock shares does not constitute use of a trademark “in connection with goods or services” under the Lanham Act.
In a ruling that clarifies the boundaries of federal…
Evidence that the defending firm’s ads confused consumers was “de minimis,” and online shoppers were savvy enough to distinguish between ads and organic search results.
The sophisticated nature of…
