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Tiffany claimed the contributory trademark infringement of eBay, which was a judicially constructed doctrine articulated by the Supreme Court in Inwood Laboratories, Inc. v. Ives Laboratories, Inc. and found the liability for trademark infringement can extend beyond those who actually mislabel goods with the mark of another. As established in ...
eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006), is a case in which the Supreme Court of the United States unanimously determined that an injunction should not be automatically issued based on a finding of patent infringement, but also that an injunction should not be denied simply on the basis that the plaintiff does not practice the patented invention. [1]
An intellectual property (IP) infringement is the infringement or violation of an intellectual property right. There are several types of intellectual property rights, such as copyrights, patents, trademarks, industrial designs, plant breeders rights [1] and trade secrets. Therefore, an intellectual property infringement may for instance be one ...
A daily look at legal news and the business of law: eBay Didn't Infringe Tiffany's Trademark, Court Decides In a case that may echo into the Google/YouTube v. Viacom copyright showdown, the 2nd U ...
For example, in McDonald's Corp. v. Druck and Gerner, D.D.S., P.C., [21] McDonald's sued McDental, a dental services provider operated by two dentists, for trademark infringement. McDonald's presented evidence that it owned trademark rights in a family of marks beginning with the prefix “Mc,” that there was widespread public familiarity ...
Zippo Dot Com, the court considered state and federal trademark infringement and trademark dilution claims. The plaintiff was Zippo Manufacturing, famous for their lighters. The defendant, Zippo Dot Com, operated a web portal and news service out of California. Dot Com offered three levels of service, the upper two of which required ...
A trademark owner who confines his trademark usage to a certain territory cannot enjoin use of that trademark by someone else who in good faith established extensive and continuous trade in another territory where the plaintiff trademark owner's product is unknown. United Drug Co. v. Theodore Rectanus Co. 248 U.S. 90: Dec. 9, 1918: Substantive
Swift can claim trademark infringement by arguing that Trump's campaign gets an unauthorized benefit from reposting the bogus endorsement, Paul Michael Wilson, a trademark expert at Walker ...