In a recent case in the Eastern District of North Carolina (Variety Stores, Inc. v Wal-Mart Stores, Inc.,Civil Action No. 5:14-cv-00217), the jury found Wal-Mart guilty of willful infringement of...
Recent Posts
A November 13, 2015 TTAB decision (Dan Foam ApS v. Innocor, Inc., Cancellation No. 92054201 resulted in the cancellation of the Bodipedic and design trademark based on a likelihood of confusion with...
The Supreme Court ruled in B&B Hardware, Inc. v. Hargis Industries that a TTAB ruling can have (in certain cases) a “preclusive effect” on subsequent actions in federal court (see earlier blog entry ...
The recent decision by the Ninth Circuit in MultiTime Machine, Inc. v. Amazon.com, Inc. could spell the beginning of the end of “initial interest confusion” as a cause of action in internet commerce...
In the long-running patent battle between Apple and Samsung, the Second Circuit recently issued its verdict on the appeal of the original case (5:12-cv-00630-LHK) that resulted in a big cash award...
In a 2015 decision by the Fourth Circuit Court of Appeals, survey evidence was frequently cited in support of the lower court’s decision. The case was Design Resources, Inc. v Leather Industries of...
A recent Trademark Trial and Appeal Board (TTAB) decision in the matter of Overstock.com, Inc. v. J. Becker Management rejected Overstock.com’s opposition to the registration of this mark:
John Welch blogged about the TTAB’s decision to sustain the opposition to registration of the mark THE HOUSE THAT JUICE BUILT (and a related design mark) for various baseball related items. The Board...
A 2015 article1 published by Shari Diamond and David Franklyn reports the results of a survey(!) of trademark attorneys on the role that surveys play in the ultimate resolution of a case. They note...
The Court of Appeals for the Federal Circuit (CAFC) has affirmed the TTAB’s ruling that NOPALEA is merely descriptive when used for a dietary supplement that contains Nopal juice. (John Welch blogs...