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…
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…
The Fifth Circuit also added non-genuine bezels to the district court’s injunction to make it consistent with the district court’s other findings. In a trademark infringement case involving refurbished Rolex watches, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s judgment insofar as it concluded that BeckerTime, the refurbisher, infringed Rolex’s…
The parodist could not rely on First Amendment protection because it used the famous sneakers as a source identifier. The maker of a sneaker that parodied a famous brand of skateboard-friendly kicks was not entitled to First Amendment protection against a claim of trademark infringement because it used the trade dress of the original as…
The marks are generic both as to “Carnival” and the geographic locations “St Thomas” and “Virgin Islands.” The U.S. Court of Appeals for the Third Circuit affirmed a lower court decision denying the Virgin Island Carnival Committee (“VICC”) preliminary injunction to enjoin the Virgin Island Department of Tourism from using the phrases “St. Thomas Carnival”…
The district court failed to analyze the appropriate preliminary injunction factors on a motion to enforce a settlement agreement with factual disputes. In a trademark dispute over the “GTRACING” mark for video game chairs between two Asian-centered businesses, the U.S. Court of Appeals for the Fourth Circuit has lifted an injunction on a motion to…
Like many companies in the fashion industry, Christian Louboutin did not seek design patent protection for its shoe designs in Brazil. The red sole trademark application was filed in 2009 in Brazil, at a time when position trademarks were not regulated by the Brazilian trademark law. The regulation of the Brazilian PTO on position trademarks…
The district court erred in considering the failure to produce evidence of actual confusion at this preliminary stage, but the error did not affect the outcome. The U.S. District Court for the District of Delaware correctly denied a preliminary injunction after it concluded that the trademark holder failed to provide evidence of irreparable harm in the absence…
The EUTM Appellate Court of Alicante has confirmed the pan- European injunction preventing the manufacture and commercialization of unauthorized versions of Ferrari’s one-off models by 3D printing Court decision no. 7/23 of 10 February 2023 of the EUTM Court of Alicante has confirmed the interim measures aimed at preventing the manufacture and commercialization of…
Recently we published an article regarding the decision from the Danish Maritime and Commercial Court on blocking of domain names and websites containing trademark infringing material in the matter between Skechers U.S.A., Inc. II (Skechers) and HI3G DENMARK ApS (HI3G) and others (being telecommunications and internet access providers). Read the article here. As written in…
