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Likelihood of Confusion › Fair Use › Summary Judgment

Katten Muchin Rosenman LLP

The Nittany Lions Are the Champs … Trademark Champs - The Katten Kattwalk/Kattison Avenue | Issue 4

Katten Muchin Rosenman LLP on

Many eyes were on the Nittany Lions this past year as sports pundits speculated The Pennsylvania State University (Penn State) would make it to the College Football National Championship. But those with an interest in...more

McDermott Will & Emery

Summary Judgment “Disfavored” for Resolving Fair Use Trademark Defense

McDermott Will & Emery on

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

McDermott Will & Emery

Certification Mark May Be Infringed Despite Nominative Fair Use, Lack of Source Confusion

McDermott Will & Emery on

Addressing the use of a certification mark in connection with information systems training, the US Court of Appeals for the Second Circuit reversed and remanded a district court grant of summary judgment for the defendants on...more

Foley Hoag LLP - Making Your Mark

Eight is Not Enough: Second Circuit Adopts Eleven Factor Nominative Fair Use Test in Certification Mark Case

Foley Hoag LLP - Making Your Mark on

International Information Systems Security Certification Consortium (known as ISC2) is a non-profit organization that owns a registered certification mark for the term CISSP® (meaning “Certified Information Systems...more

Morgan Lewis

Second Circuit Highlights Splits on Nominative Trademark Fair Use

Morgan Lewis on

The Second Circuit disagrees with sister circuits and rejects arguments that nominative fair use is an affirmative defense that is available even when confusion is likely and that the traditional nominative fair use analysis...more

Morrison & Foerster LLP

The Survey Says: TIFFANY Is Not Generic for a Ring Setting

Morrison & Foerster LLP on

Last week, the Southern District of New York granted summary judgment to Tiffany & Co. on its trademark infringement claim against Costco Wholesale Corporation for selling rings advertised under the TIFFANY mark. Tiffany &...more

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