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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 ...
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 ...
Trademark law dates back to the age of President Ulysses S. Grant starting in the late 19th century with the Trademark Act of 1870. The Trademark Act of 1870 was the first trademark act passed in the nation and grounded trademark protection into Article 1 of the U.S. Constitution. The act covered many different aspects of trademark law but ...
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 ...
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 ...
Cybersell, Inc. v. Cybersell, Inc. arose out of a claim of trademark infringement. The plaintiff corporation, in Arizona, sued a Florida corporation who was using the plaintiff's registered trademark on its website. The website created by the defendant was for a small company that advertised its website construction services under the name ...
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 ...
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]