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Pleadings Trademark Infringement

Conn Kavanaugh

Backstage Pass: What Lawsuit Pleadings Tell Us About Life In A Rock And Roll Band

Conn Kavanaugh on

In a lawsuit filed in California last year, Journey guitarist Neal Schon alleged that bandmate Jonathan Cain had denied him access to the group’s corporate credit card. Cain alleged in a cross-complaint that Schon’s prior...more

Robins Kaplan LLP

The Seventh Circuit Affirms a Pleading Error to the Tune of $5 Million

Robins Kaplan LLP on

Despite winning a trademark infringement lawsuit, the Seventh Circuit held the plaintiff was not entitled to almost $5 million in additional damages because it incorrectly included the main defendant’s corporate divisions as...more

Knobbe Martens

Zheng Cai, DBA Tai Chi Green Tea Inc., v. Diamond Hong, Inc.

Knobbe Martens on

Federal Circuit Summary - Before Prost, Wallach, and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary: TTAB did not abuse its discretion by (1) refusing to consider factual assertions made in a brief,...more

Fenwick & West LLP

Almost Famous: Trademark Owners May Find Dilution Claims Out of Reach

Fenwick & West LLP on

In a dilution claim, a trademark owner asserts that their famous mark is entitled to protection from use that causes harm to the mark’s reputation or distinctiveness. In effect, the trademark owner is saying that the mark is...more

McDermott Will & Emery

Acquiescence Defense – Don’t Try to Use It Too Early

The US Court of Appeals for the Seventh Circuit reversed and remanded a district court decision, finding that the defendant’s attempt to have a trademark infringement lawsuit dismissed at the pleading stage based on an...more

Akerman LLP - Marks, Works & Secrets

Overclaiming in Trademark Applications: “Full Line of …”

In Ferring B.V. v. Fera Pharmaceuticals, LLC, the Eastern District of New York was called upon to determine the importance of the United States Patent and Trademark Office’s Trademark Manual of Examining Procedure (“TMEP”)...more

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