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“A kind of rebuttable presumption:” the Sixth Circuit recognizes a strong inference of likely dilution by tarnishment and shifts the burden of production to defendants selling “sex-related products”

  • Kilpatrick Townsend & Stockton LLP
  • -
  • USA
  • -
  • May 21 2010

On May 19, 2010, the United States Court of Appeals for the Sixth Circuit held that the Trademark Dilution Revision Act (TDRA), which is codified in Section 43(c) of the Lanham Act, 15 U.S.C. 1125(c) (2006), establishes a presumption-like inference of likely dilution by tarnishment where a defendant is using a mark similar to that of a plaintiff to sell sex-related products

Trademark Trial and Appeal Board expands opportunities to cure alleged fraud in the procurement of registrations

  • Kilpatrick Townsend & Stockton LLP
  • -
  • USA
  • -
  • May 26 2009

In a surprise move, the Trademark Trial and Appeal Board has redesignated a formerly nonprecedential opinion as precedential, in the process expanding the options available to the owners of federal registrations at risk of being cancelled under the Board’s earlier decision in Medinol Ltd v. NeuroVasx Inc., 67 U.S.P.Q.2d 1205 (2003

Court awards copyright owner, client of Kilpatrick Stockton, the infringer's entire gross revenues as remedy for willful infringement of furniture designs

  • Kilpatrick Townsend & Stockton LLP
  • -
  • USA
  • -
  • March 2 2009

A furniture manufacturer, found liable for infringement of copyrights in furniture designs, has been ordered to pay the owner of those copyrights the entire gross revenues from sales of the infringing furniture