The Federal Circuit affirmed a Trademark Trial and Appeal Board (TTAB or the “Board”) decision to cancel a mark based on priority of use, despite the Appellant’s argument that an declarations to show an assignment of a mark lack foundation and are based on hearsay. The U.S. Court of Appeals for the Federal Circuit affirmed…
First Circuit affirmed denial of injunction, noting that confusion due to proximity of businesses and both trading off of the same historical legend “is not the type of confusion that trademark owners may prevent.” The First Circuit Court of Appeals in Boston has affirmed the denial of injunctive relief sought by the owner of a…
Selling company equity or stock shares does not constitute use of a trademark “in connection with goods or services” under the Lanham Act. In a ruling that clarifies the boundaries of federal trademark protection, the U.S. Court of Appeals for the Ninth Circuit has determined that companies cannot claim trademark infringement when competitors use similar…
Evidence that the defending firm’s ads confused consumers was “de minimis,” and online shoppers were savvy enough to distinguish between ads and organic search results. The sophisticated nature of online consumers, the lack of evidence of actual confusion, and other factors weighed against finding that there was a likelihood of confusion from a personal injury…
Federal Circuit rules Illinois litigation privilege bars claims in long-running trade dress dispute, but upholds some counterclaims. In a nonprecedential ruling that could impact how companies settle intellectual property disputes, the U.S. Court of Appeals for the Federal Circuit has overturned a $10 million jury verdict against tire manufacturer Toyo Tire Corporation. The court found…
However, the dissenting group’s use of the trademark on its website did not create a likelihood of confusion where the dissenters clearly identified the dispute between themselves and the Libertarian National Committee. The U.S. Court of Appeals for the Sixth Circuit upheld in part, and denied in part, a district court’s preliminary injunction against the…
A Puerto Rican chicken company abandoned its mark because it stopped using it for five years and never could offer any evidence of an intent to resume use. The U.S. Court of Appeals for the First Circuit has affirmed a Puerto Rican district court’s grant of summary judgment to To-Ricos for use of the mark…
District court did not abuse its discretion in determining that defendants’ profits did not result from use of infringing marks for airplane engine fuel injection systems. Though aircraft fuel-injector servo manufacturer Precision Airmotive, LLC, proved that defendants Avco Corporation and AVStar Fuel Systems, Inc., willfully infringed Precision’s federally registered trademark, it was not entitled to…
There was sufficient evidence for the jury to conclude that the manufacturer wrongfully terminated the distribution agreement. The Third Circuit affirmed a judgment for breach of contract in favor of the distributor of an implantable synthetic bone-grafting product called NanoBone. Plaintiff Artoss, Inc., sued the manufacturer, Artoss GmbH, for breach of contract after it refused…
The court also exceeded its discretion in awarding attorney fees to the plaintiff. The U.S. Court of Appeals for the Fifth Circuit reversed part of a federal district court’s judgment in a trademark dispute between Appliance Liquidation Outlet, L.L.C. (ALO) and Axis Supply Corporation (Axis). The appellate court found that the district court erred in…
