Welcome to your weekly Title III update for September 18, 2017. As Hurricane María bears down on Puerto Rico, we should recap several important things from the past week. 1,556 more words
Tags » Federal Cases
On July 14, 2017, the Eastern District of Kentucky found that the use of trademarked words to describe a property’s history is not trademark use. 632 more words
On August 14, 2017, the Southern District of New York determined that Costco Wholesale Corp. owed Tiffany and Co. over $19 million in damages for trademark infringement. 540 more words
On July 7, 2017, the Ninth Circuit issued a decision clarifying issues related to pleading and proving reverse trademark confusion claims.
Marketquest Group, Inc. sued BIC over use of the phrase “The WRITE Pen Choice for 30 Years” based on Marketquest’s rights in the mark “The Write Choice.” The district court granted BIC’s motion for summary judgment, holding that although there was some likelihood of confusion, further analysis was unnecessary because fair use provided a complete defense to Marketquest’s infringement claims. 318 more words
On June 23, 2017, the Federal Circuit held that, whether they win or lose, patent applicants who appeal adverse PTAB decisions directly to a district court must pay the PTO’s attorneys’ fees. 612 more words
The Third Circuit has held that where a manufacturer and its exclusive distributor have no written contract designating which party owns an unregistered trademark, the “McCarthy test,” rather than the “first use test,” should be used to decide ownership. 623 more words