In Trader Joe’s Company v. Michael Norman Hallatt, the Ninth Circuit recently found that Trader Joe’s allegations of infringing conduct occurring within Canada supported a cognizable claim under the Lanham Act. In particular, Trader Joe’s, a well-known American grocery store chain, filed suit in federal court in Washington State in 2013, alleging trademark and unfair … Continue Reading
In an important decision delineating the boundaries of fair use of another person’s trademark, the Second Circuit announced a standard by which nominative fair use of a trademark will be evaluated in that Circuit in International Information Systems Security Certification Consortium, Inc. v. Security University, LLC. Because the Court ruled that the district court made … Continue Reading
Belmora LLC filed a petition for reconsideration en banc of the Fourth Circuit’s FLANAX decision in Belmora LLC v Bayer Consumer Care AG, Appeal No. 15-1335 (4th Cir. March 23, 2016). As we previously have blogged [here], the 4th Circuit reversed the Eastern District of Virginia’s dismissal for lack of standing, and found that use of … Continue Reading
Recently, a District Court judge issued a scathing rebuke to the United States Patent and Trademark Office in Board of Trustees of the University of Alabama et al. v. Houndstooth Mafia Enterprises LLC, (N.D. Alabama February 23, 2016). Judge Proctor’s memorandum opinion upbraided the USPTO’s Trademark Trial and Appeal Board (“Board”) for ignoring his earlier-issued order … Continue Reading
In a landmark First Amendment decision relating to the Lanham (Trademark) Act, the Federal Circuit, en banc, struck down § 2(a) of the Lanham Act, 15 U.S.C. § 1052(a), the statutory provision barring registration of “disparaging” marks. By a 9-3 vote, the Court held that § 2(a) violates a trademark applicant’s free speech rights. In … Continue Reading
In Slep-Tone Entertainment Corp. v. Karaoke Kandy Store, et al., No. 14-3117 (6th Cir. April 6, 2015), the Sixth Circuit confirmed that post-trial motions toll the deadline for filing motions for attorneys’ fees under Rule 54. Moreover, the Court held that the Supreme Court’s interpretation of the phrase “exceptional case,” as that phrase is used … Continue Reading
The Fourth Circuit recently ruled on several important issues regarding the scope of relief that may be granted for trademark infringement. The backdrop for the decision in Georgia Pacific Consumer Products LP v. Von Drehle Corp. was a 2012 jury verdict that a North Carolina company was liable for contributory trademark infringement for designing and … Continue Reading
