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Goods or Services Summary Judgment

McDermott Will & Emery

Second User Vaping Company Has No Claim to “Affliction”

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The US Court of Appeals for the 10th Circuit reversed a grant of summary judgment in favor of a company selling vaping accessories under the mark AFFLICTION, holding that the district court had erred in holding as a matter of...more

Bass, Berry & Sims PLC

No Consensus on Materiality: Courts Continue to Grapple with Escobar’s Key Holdings

Bass, Berry & Sims PLC on

Since the 2016 Supreme Court decision in Universal Services Inc. v. United States ex rel. Escobar, courts have wrestled with exactly how to apply the unanimous decision. This post highlights developments across the country in...more

Womble Bond Dickinson

From Cute to Ugly: Adoption of Kitten Leads to Summary Judgment for TCPA Violation Against Pet Insurance Company

Womble Bond Dickinson on

Sometimes the line between what is and isn’t an “advertisement” within the meaning of the TCPA isn’t quite clear. But as illustrated by today’s ruling in Legg v. Ptz Ins. Agency, No. 14 C 10043, 2018 U.S. Dist. LEXIS 137811,...more

Knobbe Martens

Beware! A Trademark Trial and Appeals Board Decision Can Stop You in Your Tracks

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It has been a few years since the Supreme Court decision in the case B&B Hardware, Inc. v. Hargis Industries, Inc., and we are beginning to see the aftermath in the district courts. In B&B Hardware, the Supreme Court held...more

Holland & Knight LLP

The Age-Old Question Revisited: When Is a Container Considered a Package Under COGSA?

Holland & Knight LLP on

Just when we thought the question of “What Is a Package?” had been addressed ad nauseum, the United States District Court for the Southern District of New York took another look at the issue....more

Knobbe Martens

Trademark Review | September 2016

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BLACK GIRLS ROCK! and BLACK MEN ROCK Deemed Confusingly Similar - This opposition involved a straight-forward likelihood of confusion analysis. Opposer owned a registration for the mark BLACK GIRLS ROCK! for clothing and...more

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