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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 ...
In order to successfully assert a fair-use defense to a trademark infringement claim, the defendant must prove the three elements of the fair-use doctrine: (1) that the term was used in a way other than as a mark; (2) that the term was used to describe the goods or services offered or their geographic origin; and (3) that the use had been ...
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]
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 ...
The dispute dates back to 2014 when Kars4Kids fired the first shot by suing Texas-based American Can Cars for Kids in federal court in New Jersey, claiming trademark infringement, unfair ...
Stanton ruled that YouTube had no actual knowledge of any specific instance of infringement of Viacom's works, and therefore could not have "willfully blinded itself" to the infringement. He also ruled that YouTube did not have the "right and ability to control" infringing activity because "there is no evidence that YouTube induced its users to ...
Tiffany (NJ) Inc. v. eBay Inc. 600 F.3d 93 (2nd Cir. 2010) (trademark owners have the burden of policing for counterfeit items when their products are sold in an online marketplace) Top Tobacco, LP v. North Atlantic Operating Co. 509 F.3d 380 (7th Cir. 2007)