In a decision that may make it more difficult for brand owners to enforce their marks against infringers located outside of the United States, the Supreme Court of the United States vacated the judgment of the US Court of...more
7/11/2023
/ Abitron Austria GmbH v Hetronic International Inc ,
Damages ,
Extraterritoriality Rules ,
Foreign Jurisdictions ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trademark Protection ,
Lanham Act ,
Likelihood of Confusion ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Ownership ,
Trademarks
The maker of BRIZZY-brand hard seltzer claimed that consumers would confuse a product branded VIZZY hard seltzer with its own. The United States Court of Appeals for the Fifth Circuit disagreed, however, and affirmed the...more
Referring to the act of counterfeiting as “hard core” or “first degree” trademark infringement, the US Court of Appeals for the Ninth Circuit for the first time confirmed that the Lanham Act requires a likelihood of confusion...more
In finding a fair use defense and no “likelihood of confusion” in a cosmetics trademark infringement dispute, the US Court of Appeals for the 11th Circuit also considered, as an issue of first impression, whether the Seventh...more
7/11/2019
/ Appeals ,
Cosmetics ,
Disgorgement ,
Fair Use ,
Jury Trial ,
Lanham Act ,
Likelihood of Confusion ,
Permanent Injunctions ,
Seventh Amendment ,
Statutory Damages ,
Trademark Infringement ,
Trademarks ,
Unfair Competition
Reviewing a decision from the Trademark Trial and Appeal Board (TTAB), the US Court of Appeals for the Federal Circuit vacated and remanded the TTAB’s affirmation of an examining attorney’s refusal to register the trademark...more
Examining the issue of trademark fair use, the US Court of Appeals for the Ninth Circuit reversed a district court grant of summary judgment in favor of a promotional products company and remanded the case for reconsideration...more
The U.S. Court of Appeals for the Ninth Circuit previously found that a jury could potentially find that online retailer Amazon.com created a likelihood of consumer confusion with the format of its product search returns when...more
On appeal from the Trademark Trial and Appeal Board (TTAB or Board), the U.S. Court of Appeals for the Federal Circuit reversed the Board’s decision on the issue of likelihood of confusion with regard to two parties’ paw...more
Holding that a reasonable jury could find that online retailer created a likelihood of consumer confusion through the format of its product search returns, the U.S. Court of Appeals for the Ninth Circuit reversed the district...more
Issuing its second trademark decision in 2015, the Supreme Court of the United States in a 7–2 decision reversed the U.S. Court of Appeals for the Eighth Circuit, concluding that an administrative ruling by the U.S. Patent...more
On January 21, 2015, the Supreme Court of the United States issued a unanimous decision in Hana Financial, Inc. vs. Hana Bank, et. al., pertaining to a substantive trademark matter, namely, whether a judge or jury should...more
1/27/2015
/ Doctrine of Equivalents ,
Genuine Issue of Material Fact ,
Hana Bank ,
Hana Financial ,
Hana Financial v Hana Bank ,
Jury Questions ,
Likelihood of Confusion ,
SCOTUS ,
Tacking ,
Trademark Infringement ,
Trademarks