The German manufacturer’s participation in tradeshows in Colorado was “by chance” and did not indicate “purposeful availment” of the forum state, and its efforts to enforce its asserted trade dress occurred outside Colorado. A German company that manufactured ceramic components of medical prostheses was not subject to personal jurisdiction in Colorado, with regard to a…

The panel remanded an award of attorney fees and prejudgment interest based on its new precedent on what makes for an “exceptional” case for purposes of Section 35 of the Lanham Act. The U.S. Circuit Court in New York City has upheld a lower court determination that retailer New York & Company’s infringement of women’s…

Mall operators had actual or constructive knowledge of tenants’ infringement, including prior law enforcement raids and eyewear maker Luxottica’s notifications of trademark infringement. A jury properly found that owners and landlords of the International Discount Mall in College Park, Georgia, had at least constructive knowledge that subtenants were infringing Luxottica Group’s Ray-Ban and Oakley marks…

A licensor’s failure to disclose in discovery an agreement acknowledging that a third party owned the mark was properly sanctioned. Two beach merchandise retailers asserting rights to use the mark “WINGS” in connection with their stores will have to go to trial to sort out their competing rights, the U.S. Court of Appeals in Richmond…

Are e-commerce websites allowed to sell products of companies engaged in direct selling? The Delhi High Court of India, in its judgment of 8 July 2019, here, held platforms such as Amazon, Flipkart, Snapdeal, 1MG and Healthkart guilty of tortious interference with the contractual relationship of the plaintiffs with their direct sellers. The court applied…

The USPTO properly refused to register ARTISAN NY for clothing because, like the registered mark ARTESANO NEW YORK CITY, the proposed mark conveyed the impression of clothing made by skilled tradespersons in New York. Substantial evidence supported the USPTO’s refusal to register the mark ARTISAN NY, for clothing, on likelihood of confusion grounds, the U.S….

Polish Supreme Court, Civil Chamber, 9 May 2019, Case No. I CSK 263/18 The Polish Supreme Court (Sąd Najwyższy) overturned the judgment of the Warsaw Court of Appeal (case no. I ACa 962/16) on the basis that courts should assess the overall similarity of trademarks, whether it is phonetic, graphical or conceptual. Conceptual differences not…

Sufficient evidence at trial supported finding that trade dress of iconic French press coffeemaker was nonfunctional; verdict against rival upheld. Bodum USA, Inc. (Bodum), which produces and sells what is recognized as an iconically designed houseware product, the Chambord French press coffeemaker, met its burden of proving at trial that the elements of the claimed…