News & Analysis as of

Lanham Act Likelihood of Confusion Vacated

McDermott Will & Emery

When Analyzing Likelihood of Confusion, It’s Not Just Location, Location, Location

The US Court of Appeals for the Fourth Circuit vacated a district court’s decision finding no infringement that focused on only the geographic distance between the physical locations of the two users without considering the...more

McDermott Will & Emery

David-Versus-Goliath Trademark Victory Isn’t “Exceptional”

McDermott Will & Emery on

The US Court of Appeals for the Third Circuit vacated an award of attorneys’ fees for reanalysis, explaining that the district court’s finding that the case was “exceptional” under the Lanham Act was based on policy...more

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

MarkIt to Market® - June 2023

Thank you for reading the June 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we begin a three-part series that closely examines ways to lose trademark rights; share an article that examines the...more

McDermott Will & Emery

Third Circuit Deciphers Proper Standard for Evidence of Actionable Confusion - Arrowpoint Capital Corp. v. Arrowpoint Asset Mgmt.,...

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Addressing the standard for actionable confusion, the U.S. Court of Appeals for the Third Circuit reversed the district court’s denial of a motion for a preliminary injunction for limiting what constitutes actionable...more

McDermott Will & Emery

Proof of Confusion Essential for Trademark Injunction - Arborjet, Inc. v. Rainbow Treecare Scientific Advancements, Inc.

McDermott Will & Emery on

Addressing the likelihood of success requirement for injunctive relief, the U.S. Court of Appeals for the First Circuit vacated an order requiring trademark attribution where the district court had not found a likelihood of...more

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