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A jury is competent to decide the legal issue of damages stemming from breach of contract or trademark infringement, so long as the accounts between the parties are not so complicated that only acourt of equity could untangle such accounts. Sears, Roebuck & Co. v. Stiffel Co. 376 U.S. 225: March 9, 1964: 9–0 Substantive: Unfair competition
Jack Daniel's Properties, Inc. v. VIP Products LLC, 599 U.S. 140 (2023), was a United States Supreme Court case involving parody and trademark law.The case deals with a dog toy shaped similar to a Jack Daniel's whiskey bottle and label, but with parody elements, which Jack Daniel's asserts violates their trademark.
KP Permanent Make-Up, Inc. v. Lasting Impression I. Inc. 543 U.S. 111, 124 (2004) ("a plaintiff claiming infringement of an incontestable mark must show likelihood of consumer confusion as part of the prima facie case, ... while the defendant has no independent burden to negate the likelihood of any confusion in raising the affirmative defense ...
Not a ‘slam-dunk case’ Attorney Josh Gerben told CNN that trademark infringement cases are “typically very close calls and depend heavily on the evidence the parties are able to bring forth ...
Romag Fasteners, Inc. v. Fossil, Inc., 590 U.S. ___ (2020), was a United States Supreme Court case related to trademark law under the Lanham Act.In the 9–0 decision on judgement, the Court ruled that a plaintiff in a trademark infringement lawsuit is not required to demonstrate that the defendant willfully infringed on their trademark to claim lost profit damages.
An accounting of profits is proper in a trademark infringement case only where the defendant engages in willful infringement, meaning that the defendant attempted to exploit the value of an established name of another. [45] Alternatively, a plaintiff may recover damages incurred if they show a reasonable forecast of lost profits.
Pages in category "United States trademark case law" The following 68 pages are in this category, out of 68 total. This list may not reflect recent changes. ...
The U.S. International Trade Commission said on Tuesday that smartphones made by Lenovo's Motorola Mobility infringe patents owned by Ericsson, which could lead to a ban on U.S. imports of the ...