In Masters v. UHS of Del. Inc., Appeal No. 09-3543 (8th Cir. January 6, 2011) (“Masters”), in contrast to at least one other appellate circuit, the Eighth Circuit held that actual confusion is not a prerequisite to an award of monetary damages under the Lanham Act.
Three decisions, one each from the U.S. Court of Appeals for the Federal, Fifth, and Eighth Circuits, have addressed the circumstances in which the Federal Circuit acquires exclusive appellate jurisdiction and raises the spectre of Supreme Court review of another Federal Circuit appellate jurisdictional issue based on the pending certiorari petition filed for review of the U.S. Court of Appeals for the Second Circuit’s decision in Ferring v. Meijer.
In its initial decision in this long-running legal battle surrounding the "Joseph Abboud" name, the Southern District of New York found in favor of plaintiff who had purchased defendant's trademarks.
Finding that the U.S. Court of Appeals for the Second Circuit has not addressed whether a claim for copyright infringement accrues under the discovery rule (i.e., when plaintiff knew or should have known of the infringement) or the injury rule (i.e., at the time of infringement), the court adopted the injury rule and held that any claims of copyright infringement by defendant The Medical Protective Company (MedPro) more than three years before the action was filed were time-barred.