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Sale of trademark rights; Infringement Majority: Holmes: Trademark Act of 1905: A foreign company who sells its business to and American buyer (including its registered trademarks and goodwill) cannot subsequently enter the US market and use its old trademarks. American Steel Foundries v. Robertson: 262 U.S. 209: May 21, 1923: Procedural ...
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 ...
Case history; Prior history: Appeal from C.D. Cal. (28 F.Supp.2d 1120) Subsequent history: Request for certiorari, S.Ct.; denied (537 U.S. 1171). Holding; Barbie Girl is protected as a parody under the trademark doctrine of nominative use and under the First Amendment to the U.S. Constitution. Court membership; Judges sitting
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 ...
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.
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 ...
The Lanham Act prohibits "the deceptive and misleading use of marks" to protect business owners "against unfair competition." [4] The Act defines trademarks as "any word, name, symbol, or device or any combination thereof" used by any person "to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the ...
The Fourth Circuit reversed the district court's grant of summary judgment for the direct trademark infringement, contributory trademark infringement and trademark dilution. The Court affirmed the grant of summary judgment for the vicarious trademark infringement claim and upheld the motion to dismiss for unjust enrichment on a different ...