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Trademarks › Abuse of Discretion

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Weintraub Tobin

De Novo Or Abuse Of Discretion? Trademarks, The Unclean Hands Defense, And Summary Judgment Review

Weintraub Tobin on

The Ninth Circuit recently considered an issue of first impression: What standard of review does an appellate court apply when reviewing a district court’s grant of summary judgment in a trademark infringement case on the...more

Knobbe Martens

Litigants Face a High Hurdle When Seeking Fees for Unadjudicated Claims

Knobbe Martens on

MUNCHKIN, INC. V. LUV N’ CARE LTD - Before Dyk, Taranto, and Chen. Appeal from the Central District of California. Summary: when a litigant seeks fees for an exceptional case based on issues that were not fully...more

Dorsey & Whitney LLP

Naming Conventions: According to the Ninth Circuit, Not Every Comic Convention Is a “Comic-Con”

Dorsey & Whitney LLP on

Even devoted comic book fans and other true believers might not know that the term “Comic-Con” is meant to refer to the king of comic conventions - the San Diego Comic Convention (“SDCC”) - not all comic conventions in...more

McDermott Will & Emery

No Shelter for Willful Infringement of Distributor’s Trademarks

McDermott Will & Emery on

The US Court of Appeals for the Seventh Circuit affirmed a district court’s finding of trademark infringement and award of damages against a manufacturer of storm shelters and its owner, and went a step further by ordering...more

Knobbe Martens

Failure of ITC to Follow Its Own Rules May Constitute Harmless Error

Knobbe Martens on

SWAGWAY, LLC v. ITC [REVISED OPINION - PRECEDENTIAL] - Before Dyk, Mayer, and Clevenger. Appeal from the International Trade Commission. Summary: Although the ITC must strictly comply with its rules, failure to do so...more

McDermott Will & Emery

Although Dismissal Sanction Was Abuse, Complaint Fails on Nominative Fair Use

McDermott Will & Emery on

Addressing whether a district court properly dismissed a Lanham Act case as a sanction for failure to timely file an amended complaint, the US Court of Appeals for the Ninth Circuit concluded that the dismissal sanction was...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

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Retires Fee-Award Standard, Imports Octane Fitness to Trademark Cases

Sheppard Mullin Richter & Hampton LLP on

This week, the U.S. Court of Appeals for the Ninth Circuit joined a majority of appellate courts that have rejected rigid tests for attorneys’-fees awards in favor of flexible discretion at the district court level. The...more

Fenwick & West LLP

Litigation Alert: Ninth Circuit Adopts Broader Octane Fitness Standard for Attorneys’ Fees Awards under the Lanham Act

Fenwick & West LLP on

On October 24, 2016, the U.S. Court of Appeals for the Ninth Circuit after an en banc rehearing in Sunearth, Inc. v. Sun Earth Solar Power Co., LTD., adopted the Octane Fitness standard for determining whether a case is...more

Snell & Wilmer

Octane Fitness and Highmark Apply to Ninth Circuit Attorney Fee Awards under the Lanham Act

Snell & Wilmer on

On October 24, 2016, the Ninth Circuit Court of Appeals, sitting en banc, held that district courts analyzing a request for attorney fees under the Lanham Act should consider the totality of the circumstances, as set forth in...more

Morrison & Foerster LLP

MoFo IP Newsletter - August 2016

Morrison & Foerster LLP on

Supreme Court Abolished Federal Circuit's Test for Willfulness - On June 13, 2016, in Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. ___ (2016), the Supreme Court unanimously abrogated the Federal Circuit’s...more

Dorsey & Whitney LLP

What Happens in the U.S. Stays in the U.S.: IP Dispute Against Canadian Company Will Not be Moved to Canadian Forum

Dorsey & Whitney LLP on

Although motions to dismiss or transfer a case based on a forum non conveniens theory typically focus on the relative merits of two U.S. jurisdictions, this theory may also be applied when a party claims that a case brought...more

McDermott Will & Emery

IP Update, Vol. 16, No. 6, June 2013

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Patents / Patent Eligible Subject Matter - Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter -- AMP et al. v. Myriad Genetics, Inc.: In a 9–0 decision the Supreme...more

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