For purposes of the Lanham Act’s fee-shifting provision, “exceptional” cases are those that stand out from others in the manner set forth for Patent Act fee awards in the Supreme Court’s holding in Octane Fitness, the U.S. Court of Appeals in New York City has held, joining several other circuit courts. The Second Circuit vacated…

The Trademark Trail and Appeal Board erred in finding that there is no likelihood of confusion between Omaha Steaks International’s over two dozen registered marks, each containing the words “Omaha Steaks,” and Greater Omaha Packing Company’s applied for GREATER OMAHA PROVIDING THE HIGHEST QUALITY BEEF mark (the Opposed Mark), the U.S. Court of Appeals for…

Plaintiff Sturgis Motorcycle Rally, Inc. (“SMRI”) did not provide the jury with sufficient proof that its unregistered marks “Sturgis,” “Sturgis Motorcycle Rally,” and “Sturgis Rally & Races” marks were valid marks that acquired secondary meaning, the United States Court of Appeals for the Eighth Circuit has ruled, reversing a district court’s judgment that a gift…

In an opposition proceeding brought by Frito-Lay North America against Real Foods Pty Ltd., the Trademark Trial and Appeal Board properly determined that the marks CORN THINS and RICE THINS were highly descriptive of their respective goods—”crispbread slices predominantly of corn, namely popped corn cakes” and “crispbread slices primarily made of rice, namely rice cakes”—and…

The U.S. Court of Appeals for the Sixth Circuit upheld the dismissal of a trademark infringement suit filed by a Nashville restaurant called “The Row Kitchen and Pub” against a competing restaurant named “Dierks Bentley’s Whiskey Row.” Although the restaurants were direct competitors serving tourists visiting Nashville’s Music Row; offered inexpensive, pub-style food and drinks…

A German company’s interactive website, through which it assisted customers with improving their software products, was sufficient to subject the company to federal personal jurisdiction for purposes of a trademark infringement suit brought by a Maine company that owned a federally registered mark, the U.S. Court of Appeals in Boston has ruled. The German company…

The U.S. Court of Appeals affirmed a Seattle district court’s dismissal of trademark infringement and false advertising claims filed against Amazon.com, Inc. by a seller on Amazon. The district court concluded that Amazon was not liable for promotional advertising emails that used the seller’s trademark because it did not imply a false association between Amazon…

In a trademark dispute over use of the brand name ROGUE for clothing, the federal district court in New York City erred by ruling on summary judgment that an apparel manufacturer was the rightful owner of the mark for clothing, and that an Oregon brewery was only entitled to sell clothing under the ROGUE Mark…

Despite recent U.S. Supreme Court cases holding that laches does not apply within the limitations periods for patent and copyright claims, laches is available as a defense to a cancellation claim during the five years following registration of a mark, while the mark is still “contestable,” a panel of the U.S. Court of Appeals for…