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Supreme Court: broad covenant not to sue negates jurisdiction over counterclaims for non-infringement and cancellation of trademark

McDermott Will & Emery
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USA
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January 15 2013

In Already, LLC v. Nike, Inc., the Supreme Court of the United States ruled that the trademark plaintiff's voluntary dismissal of its infringement

40-year delay smacks down monetary damages, but not permanent injunction, in fraternity and sorority trademark suit against paddle manufacturer

McDermott Will & Emery
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USA
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December 27 2012

Assessing a delay of more than 40 years by college fraternal organizations in enforcing their trademarks against an unauthorized user, the U. S. Court of

Trademark protects “color of passion” used on soles of women’s high-fashion designer footwear, except if shoe itself is red

McDermott Will & Emery
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USA
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September 28 2012

In a case captivating the fashion world, the U.S. Court of Appeals for the Second Circuit has issued an important trademark ruling in a case involving high-end luxury women’s shoes

Caution canal street counterfeitersplaintiffs may recover attorneys’ fees in addition to statutory damages

McDermott Will & Emery
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USA
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April 30 2012

Considering for the first time whether a trademark owner who elects to recover statutory damages for a defendant’s counterfeiting rather than actual damages and defendant’s profits is precluded from also recovering attorneys’ fees, the U.S. Court of Appeals for the Second Circuit held that a trademark owner may recover both, upholding an award of $3 million in statutory damages and well over half a million dollars in attorneys’ fees and costs

No trademark protection for design of closure cap for medical collection tubes

McDermott Will & Emery
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USA
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April 30 2012

Considering whether a medical device company was entitled to obtain a trademark registration for its design of a closure cap for medical collection tubes, the U.S. Court of Appeals for the Federal Circuit affirmed a final decision of the Trademark Trial and Appeal Board (TTAB) that the design could not be registered because it is functional

No likelihood of confusion or dilution between COACH for test preparation materials and COACH for handbags

McDermott Will & Emery
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USA
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March 30 2012

Considering whether the Trademark Trial and Appeal Board (TTAB) erred in permitting the registration of COACH for test preparation materials over objections from the owner of COACH for handbags, the U.S. Court of Appeals for the Federal Circuit upheld the TTAB’s finding that no likelihood of confusion existed and insufficient evidence was presented to find fame to support a dilution claim

The all “reasonable manners” of depiction standard rejected in trademark examinations, as well as oppositions

McDermott Will & Emery
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USA
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March 30 2012

Reviewing the decision of the Trademark Trial and Appeal Board (Board) refusing to register the trademark XCEED for agricultural seed, the U.S. Court of Appeals for the Federal Circuit upheld the refusal, finding that applicant’s XCEED mark was likely to cause confusion with the previously-registered word and design mark X-Seed for the same goods

Cancellation of trademark registration ok as sanction for failure to comply with TTAB discovery orders

McDermott Will & Emery
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USA
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January 31 2012

Reviewing the decision of the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office to enter summary judgment against a pro se litigant for failure to comply with discovery orders, the U.S. Court of Appeals for the Federal Circuit affirmed the judgment and the sanction of cancellation of his trademark

Broad covenant not to sue negates jurisdiction over counterclaims for non-infringement and cancellation of trademark

McDermott Will & Emery
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USA
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November 30 2011

The U.S. Court of Appeals for the Second Circuit ruled that, in a trademark context under the Supreme Court’s 2007 decision in MedImmune v. Genentech, a covenant not to sue deprives the district court of declaratory judgment jurisdiction

Re-registration of domain name containing another’s trademark is not cybersquatting

McDermott Will & Emery
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USA
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October 31 2011

The U.S. Court of Appeals for the Ninth Circuit reversed a California district court’s holding that re-registration of a domain name containing another’s trademark violated the Anti-Cyberqsuatting Consumer Protection Act