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Damages awarded on Lanham Act default judgment
  • Holland & Knight LLP
  • USA
  • July 18 2014

Judge Zagel awarded damages in this Lanham Act case after he and Judge Conlon entered default judgment against the defendants. Pursuant to its


Fair use & likelihood of confusion doom Lanham Act claims
  • Holland & Knight LLP
  • USA
  • October 27 2014

Judge Kapala granted defendant WD-40 summary judgment as to Plaintiff’s Lanham Act and related state law claims regarding Plaintiff’s THE INHIBITOR


Trademark fraud claims cannot be dismissed before discovery
  • Holland & Knight LLP
  • USA
  • November 19 2014

Judge Guzman granted in part plaintiff Slep-Tone’s Fed. R. Civ. P. 12(b)(6) motion to dismiss defendant’s declaratory judgment


Descriptive trademark does not survive summary judgment
  • Holland & Knight LLP
  • USA
  • July 16 2014

The Court granted summary judgment for defendant in this Lanham Act case involving alleged trademark infringement regarding plaintiff’s BOX PACKAGING


Domain name squatting to gain leverage can trigger "bad faith intent" in an ACPA claim
  • Holland & Knight LLP
  • USA
  • January 31 2014

A required element to sustain a claim under the Anti-Cybersquatting Consumer Protection (ACPA) (15 U.S.C. 1125(d)(1)(A)) is proof that the


Limiting interrogatory language allows limited response
  • Holland & Knight LLP
  • USA
  • June 18 2014

Judge St. Eve granted in part defendant Electro Power’s motion to compel further interrogatory responses and denied Electro Power’s motion to compel


Inadvertent use of mark violates consent order
  • Holland & Knight LLP
  • USA
  • February 1 2013

Judge Bucklo granted plaintiff Gaither Tool’s motion to enforce the parties’ Consent Order which required that defendant Summit Tool not use the


District court reaffirms that service provider will be granted immunity under Section 230 of the Communications Decency Act
  • Holland & Knight LLP
  • USA
  • October 18 2013

Via Section 230, the Communications Decency Act (CDA) provides broad immunity for service providers, hosts and website operators for claims stemming


Limited generic use does not render a mark generic
  • Holland & Knight LLP
  • USA
  • July 19 2013

Judge Darrah denied defendant Facebook’s summary judgment motion arguing that plaintiff Timeline’s TIMELINE trademark was generic or descriptive, and


Court spares third-party service providers from contributory trademark infringement
  • Holland & Knight LLP
  • USA
  • January 14 2014

Trademark owners frustrated by cybersquatting will not be able to sue third-party service providers for contributory infringement, according to a new