Trademark cases, dockets and filings cases filed cases 1 - 10 of 1,679 rss feed disclaimer: justia dockets & filings provides public litigation records from the federal appellate and district courts these filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of justia. Here is a look at several important recent trademark cases in the us tiffany (nj) inc v ebay inc 600 f3d 93 (2nd cir 2010) tiffany and company and parent tiffany inc is the new york based department store and jewelry and apparel company famous for its trademarked baby blue jewelry boxes and bags. Guess trademark infringement debacle finally came to an end this week in the us, with gucci awarded the relatively low settlement of $47 million in damages (compared to the requested $221 million. Europe's top court has dealt nestle a major setback in its effort to trademark the shape of the four-finger kitkat the european court of justice (ecj) dismissed an attempt by nestle to overturn a. However, both the patent act and the lanham act use identical language for determining whether it is appropriate to award attorney fees to a prevailing party in a patent/trademark infringement case (the court in exceptional cases may award reasonable attorney fees to the prevailing party.
Text of trade-mark cases, 100 us 82 (1879) is available from: courtlistener findlaw google scholar justia openjurist this article related to the supreme court of the united states is a stub you can help wikipedia by expanding it. Through this page, you can search for the publicly available final decisions issued by the trademark trial and appeal boardthe decisions can be searched by an identifier, an issue date range, or the combination of an identifier with a date rangethe earliest decisions in this repository only go back to november 1996. The three cases whose titles stand at the head of this opinion are criminal prosecutions for violations of what is known as the trade-mark legislation of congress the first two are indictments in the southern district of new york, and the last is an information in the southern district of ohio. The uspto's trademark trial & appeal board held that, given the nature of the collectible goods that are often sold in limited batches, the mark limited for sports trading cards was merely descriptive and not entitled to registration.
To bring a successful trademark dilution claim under us law, owners of famous trademarks no longer need to show that third-party marks are identical or substantially similar the us courts of appeals for the second and ninth circuits recently held that marks need not be either “substantially. Landmark trademark cases in china is the single indispensable source on chinese trademark law for non-chinese intellectual property professionals with its detailed descriptions and analyses of twenty-six landmark cases located in the context of the overarching system. A trademark is a symbol, design, word, or phrase that identifies one business’ goods or services from those of anothera company may come up with a design that is unique, to stand as a symbol of the company, or a product for example, mcdonald’s has a trademark that is recognized worldwide – a giant yellow “m” trademarks in the us are registered with the us patient and trademark. The us supreme court accepted a new case with implications for the washington redskins’ name controversy, agreeing to decide whether the federal government can withhold legal protections for.
Since 1879 there have been many cases involved trademark issues that have wound up the top court in the united states but a summary start to finish of all supreme court trademark cases is even a. In a precedential decision released september 30, 2014, the trademark trial and appeal board (ttab or the board) sustained a fraud claim for the first time since 2009 fraud in procuring or maintaining a trademark registration occurs when an applicant or registrant makes false, material. The slants win supreme court battle over band's name in trademark dispute : the two-way the case could have broad impact on how the first amendment is applied in other trademark cases. Join our experts as they discuss leading court decisions on core patent & trademark law topics the foundations of both patent & trademark law were established over decades – attend these webinars for an in-depth discussion on key cases in these areas of canadian law.
B&b hardware inc v hargis industries inc et al – the first trademark case being heard by the supreme court in over a decade 67 hana financial inc v hana bank – a major intellectual property case related to the obscure “tacking” doctrine. Before china passed a new trademark law in 2014, damages in infringement cases often fell below the maximum statutory amount of $75,000 the new legislation upped that amount to $450,000. Trademark cases 9/9/18 doctrine of “secondary meaning” in trade-mark parlance this prepare for oral recitations doctrine is to the effect that a word or phrase originally incapable of exclusive appropriation with reference to an 1 ang tibay v.
Strength of trademarks need more guidance see our new guidance on trademark applications trademark application guidance a device (such as a word or a logo) can only be considered a trademark or a service mark if it is distinctive. Disclaimer: justia dockets & filings provides public litigation records from the federal appellate and district courts these filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of justia. Ten famous intellectual property disputes arguing that the new shredded wheat was a trademark violation and unfair competition the case went from the united states district court for the.
In most cases discussed here, the outcomes could have been completely avoided with more effective trademark research there's no question that a trademark search can be time-intensive and confusing, especially if it's done right. The trademark case files dataset contains detailed information on 91 million trademark applications filed with or registrations issued by the uspto between 1870 and february 2018 it is derived from the uspto main database for administering trademarks and includes data on mark characteristics, prosecution events, ownership, classification, third-party oppositions, and renewal history. 1-16 of over 20,000 results for trademark cases trademark and unfair competition law: cases and comments, 7th (american casebook series) oct 4, 2012 by peter maggs and roger schechter hardcover $4653 $ 46 53 to rent prime $20880 $ 208 80 to buy prime free shipping on eligible orders. The washington redskins have asked the supreme court to review their appeal of a federal judge’s july ruling that upheld the cancellation of their trademarkbut there’s a catch: the team only.
You could be committing trademark infringement without even knowing it here are 5 trademark cases you should learn from in 2014, the us patent and trademark office (uspto) processed 455,017 trademark applications a trademark can be an important protection against rival competitors stealing a successful business plan without paying compensation. List of trademark case law jump to navigation jump to search this list contains an alphabetical listing of historically significant or leading case law in the area of us trademark law a anheuser-busch, inc v l & l. The elements for a successful trademark infringement claim have been well established under both federal and state case law in a nutshell, a plaintiff in a trademark case has the burden of proving that the defendant's use of a mark has created a likelihood-of-confusion about the origin of the defendant's goods or services.