Posts Tagged: trademark infringement


Federal Circuit rules willfulness a prerequisite for disgorgement of trademark infringer’s profits

The Federal Circuit affirmed. Undertaking an extensive analysis of the legislative history of Lanham Act damages, the Court attempted to explain a 1999 amendment inserting language regarding willfulness. …

A Trademark Lesson from Chicken Soup for the Soul

Chicken Soup for the Soul Day is on November 12th. This is a day to sip on a nice piping hot bowl of soup and feel inspired. …
By Robert Rogers 7 months ago 0

Do Online Retailers’ Search Results Constitute Trademark Infringement?

Since the inception of the search engine, trademark owners, advertisers, search engine providers, and the courts have struggled with the issue of the use of third-party trademarks …
By Sarah Bro 8 months ago 1

Trademark Bullying: Defending Your Brand or Vexatious Business Tactics?

The USPTO defined the term Trademark Bullying as the vexatious practice of a trademark owner that uses its trademark rights to harass and intimidate another business beyond …

Narrow Internet Personal Jurisdiction Leads to Trademark Infringement Case Dismissed

The United States Federal District Court for the District of Nevada has dismissed a trademark infringement lawsuit against a foreign Internet poker site in a ruling that …
By Gene Quinn 2 years ago 0

Business Owners Need Federal Trademark Rights

But deciding to apply for a federal trademark registration isn't the end-all-be-all. Frequently a name or mark is selected for a business without a trademark search ever …
By Gene Quinn 2 years ago 10

Machine Gun Maker Sues Alphonse Capone Over Trademarks

Capone, an Illinois corporation, did not have authorization to use the Tommy Gun trademarks on alcoholic beverages that carry a reproduction of the Tommy Gun marks. Additionally, …
By Adrienne Kendrick 3 years ago 0

Frito-Lay Loses SCOOPS!® Patent, Trademark Infringement Case

Frito-Lay brought a lawsuit against Medallion Foods for allegedly trademark infringement, trade dress infringement, unfair competition, and dilution under United States Trademark Act. Frito-Lay also alleged willful …
By Jason Williams 3 years ago 0

Costco Attempts to Defend Sale of Counterfeit TIFFANY Diamonds

This should have been an open and shut case. But then Costco decided to aggressively defend what seems indefensible. Costco is basing its defense on the belief …
By Gene Quinn 3 years ago 25

Chubby Checker Brings Lawsuit Against Hewlett-Packard, Palm for Trademark Infringement

In the complaint, Willie Gary and his team claim that HP and Palm's infringing use of the name Chubby Checker in relation to its software application is …
By Adrienne Kendrick 3 years ago 0

Ralph Lauren Wins Battle Against USPA Over Horseman Logo

2nd US Circuit Court of Appeals, recently issued an unsigned opinion finding that the USPA could, in fact, be banned from using a double horseman logo on …
By Adrienne Kendrick 3 years ago 0

Under Armour Sues Nike Over Use of “I Will”

In its complaint, UA stated that Nike started an ad campaign in the latter months of 2012 that misappropriated UA's trademark by pretty much making the phrase "I …
By Adrienne Kendrick 3 years ago 0

East Carolina sues Cisco over “Tomorrow Starts Here” trademark

East Carolina University, also known as ECU, has filed a lawsuit against Cisco Systems, Inc., a huge multination communication company. Why take on a networking and communication …
By Corinne Kerston 3 years ago 1

Amazon Wins Small Victory Against Apple Over App Store

U.S. District Judge Phyllis Hamilton while there are similarities in the names of the digital application storefronts, Apple has not proved that Amazon has in fact …
By Corinne Kerston 3 years ago 0

Hasbro’s Fight for the Little Ponies

Though the owners of the MLP Online site seemed to be aware of the fact that their game was infringing on the Hasbro trademark, they went ahead …
By Corinne Kerston 3 years ago 0