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A trademark owner who confines his trademark usage to a certain territory cannot enjoin use of that trademark by someone else who in good faith established extensive and continuous trade in another territory where the plaintiff trademark owner's product is unknown. United Drug Co. v. Theodore Rectanus Co. 248 U.S. 90: Dec. 9, 1918: Substantive
Tiffany claimed the contributory trademark infringement of eBay, which was a judicially constructed doctrine articulated by the Supreme Court in Inwood Laboratories, Inc. v. Ives Laboratories, Inc. and found the liability for trademark infringement can extend beyond those who actually mislabel goods with the mark of another. As established in ...
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.
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 ...
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 ...
Currently, with Google's multiple wins in suits alleging trademark infringement in the United States, along with the recent win by Google in European Court of Justice, commenters are beginning to declare search engines' keyword advertising programs safe from trademark infringement suits. [2]
[10] [11] Observers believed that the majority of the Justices would favor Brunetti's case and strike out trademark restrictions on "immoral" or "scandalous" material in part because past inconsistency in the Office's application of the law by having past approved trademarks on "FCUK" and "FUBAR".
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 ...