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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 ...
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 ...
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 ...
The Supreme Court first held that liability for trademark infringement could extend beyond direct infringers in Inwood Laboratories, Inc. v. Ives Laboratories, Inc. [28] The Supreme Court articulated the following standard for contributory infringement: "If a manufacturer or distributor intentionally induces another to infringe a trademark, or ...
If the trademark is the subject of a trademark registration, the complaint must provide the registration. Otherwise, the complaint must list: (a) the trademark; (b) the goods and/or services that are associated with the trademark; (c) the date on which the trademark was first used on such associated goods and/or services; and (d) the geographic ...
Google on Thursday defeated a trademark lawsuit brought by a British short film company over YouTube's short video platform Shorts, with London's High Court ruling there was no risk of confusion ...
Sale of trademark rights; Infringement Majority: Holmes: Trademark Act of 1905: A foreign company who sells its business to and American buyer (including its registered trademarks and goodwill) cannot subsequently enter the US market and use its old trademarks. American Steel Foundries v. Robertson: 262 U.S. 209: May 21, 1923: Procedural ...
With reference to trade in tangible merchandise, such as the retailing of goods bearing a trademark, the first-sale doctrine serves to immunize a reseller from infringement liability. A guiding principle for determining if a resale is protected by the first sale principle, is any "material differences" between a non-authorized seller and a ...