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A business with a protectable mark or protectable trade dress can sue for infringement if consumers likely would be confused due to the use of a substantially similar mark or trade dress. Below is a selection of Supreme Court cases involving trademarks, arranged from newest to oldest.
A trademark can be essential protection against rival competitors stealing a successful business plan without paying compensation. Trademark infringement frequently occurs in the business world.
To help protect trademarks, the Lanham Act creates federal causes of action for trademark infringement and trademark dilution. In a typical infringement case, the question is whether the defendant’s use of a mark is “likely to cause confusion, or to cause mistake, or to deceive.” 15 U. S. C. §§1114(1)(A), 1125(a)(1)(A).
Use the free text search field, filter options, and sort results to easily locate trademark decisions and proceedings issued by or conducted under the authority of the Commissioner for Trademarks or the Director of the USPTO.
The complaint should thoroughly detail the basis for your claim, outlining your trademark rights and explaining how the defendant’s actions constitute infringement. After filing, the defendant must be formally served with a copy of the complaint and a summons to appear in court. If the case proceeds to trial, both sides will present evidence ...
Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
On April 23, 2020, the U.S. Supreme Court unanimously ruled that a trademark owner is not required to submit evidence of the infringer's intention or state of mind as a precondition to recover profits earned from an infringer's unauthorized use of the trademark. 1
Trademark Trial and Appeal Board (TTAB), Supreme Court of the United States (SCOTUS), First Amendment, infringement. In April 2020, the Supreme Court held that prevailing trademark owners do not have to prove willfulness to be awarded an infringer’s profits.
2023 saw several major trademark cases, including Abitron Austria GmbH et. Al. v. Hetronic International. In this case, The Supreme Court of the United States overturned a $96 million jury award and ruled that Hetronic’s trademark infringement win was invalid because federal trademark law applies only “where the claimed infringing use in ...
Cases surrounding trademarks tend to linger longer than expected. Mary Grieco and Morgan Spina of Olshan Frome Wolosky discuss trends faced by companies embroiled in a trademark suit and how to ...