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Dorsey & Whitney LLP

Competitor’s Claim of False Advertising Through Use of Certification Mark Dismissed

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In Board-Tech Elec. Co. v. Eaton Electric Holdings LLC, the U.S. District Court for the Southern District of New York recently dismissed a novel claim that a competitor’s authorized use of a third party’s certification mark...more

Dorsey & Whitney LLP

How to Infringe a Certification Mark – The Second Circuit Counts the Ways

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We blogged last week about a recent decision by the Court of Appeals for the Second Circuit in International Information Systems Security Certification Consortium, Inc. v. Security University, LLC, in which the Court...more

Dorsey & Whitney LLP

Nominative Fair Use of a Trademark: The Second Circuit Weighs In

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If a defendant in a trademark case uses the plaintiff’s trademark, not to identify the defendant’s own products, but rather to refer accurately to the plaintiff’s products, is that trademark infringement? Called “nominative...more

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