The body of law drawn from the precedents set by earlier decisions.
Florida businessman Steven S. West was liable for over $913,000 in damages for infringing a service mark held by Omaha-based construction and mining company Kiewit Sons’, Inc., the U.S. Court of Appeals in St. Louis has decided (Peter Kiewit Sons’, Inc. v. Wall Street Equity Group, Inc., January 6, 2016, Kelly, J.). A federal district…
The Board of Directors of Sapphire Bay Condominiums West was unable to state Lanham Act claims against a disgruntled condominium owner who operated a website to complaint about the Board, according to the U.S. Court of Appeals in Philadelphia (The Board of Directors of Sapphire Bay Condominiums West v. Simpson, December 21, 2015, McKee, T.)….
An individual was in violation of a permanent injunction barring him from using BMW’s “MINI” trademarks in connection with an online store selling apparel bearing the brand name “Mini Works,” the U.S. Court of Appeals in San Francisco has held. The court also affirmed an order amending the injunction to require the individual to transfer…
Once again, the General Court has found a three-dimensional mark consisting of a product shape not sufficiently distinctive for registration. This time, the shape in question was that of a vehicle, and it was held non-distinctive in relation to automobiles and related goods. Background of the case Jaguar Land Rover Ltd. had applied for the…
While many commentators discussed the judgment of CJEU of 16 September 2015 in the case C-215/14. – Société des Produits Nestlé SA v Cadbury UK Ltd. – also known KIT KAT case, most of them debated on whether Nestlé or Cadbury is the winner of the referral and now are eagerly await the judgment of…
