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Summary Judgment Certification Marks

McDermott Will & Emery

The Fondues and Don’ts of Certification Marks

McDermott Will & Emery on

The US Court of Appeals for the Fourth Circuit affirmed a summary judgment grant in favor of the opposers of a certification mark application for the trademark GRUYERE to designate cheese that originates in the Gruyère region...more

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

MarkIt to Market® - March 2020: Certification Marks: Better to Ask Permission than Forgiveness

In a recent Federal Circuit ruling, ICCS USA Corp. v. United States, 2019-1561 (Fed. Cir. March 11, 2020), the Court affirmed a decision by the U.S. Court of International Trade with respect to misuse of a certification mark...more

McDermott Will & Emery

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

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

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