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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
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 ...
An accounting of profits is proper in a trademark infringement case only where the defendant engages in willful infringement, meaning that the defendant attempted to exploit the value of an established name of another. [45] Alternatively, a plaintiff may recover damages incurred if they show a reasonable forecast of lost profits.
On appeal, the Ninth Circuit ruled the song was protected as a parody under the trademark doctrine of nominative use and the First Amendment to the United States Constitution, in an opinion penned by Judge Alex Kozinski; in reaching that result the court adopted the Rogers test set out by the Second Circuit in Rogers v.
Trademark law protects a company's goodwill, and helps consumers easily identify the source of the things they purchase. In principle, trademark law, by preventing others from copying a source-identifying mark, reduces the customer's costs of shopping and making purchasing decisions, for it quickly and easily assures a potential customer that this
Not a ‘slam-dunk case’ Attorney Josh Gerben told CNN that trademark infringement cases are “typically very close calls and depend heavily on the evidence the parties are able to bring forth ...
The Fourth Circuit reversed the district court's grant of summary judgment for the direct trademark infringement, contributory trademark infringement and trademark dilution. The Court affirmed the grant of summary judgment for the vicarious trademark infringement claim and upheld the motion to dismiss for unjust enrichment on a different ...
Taco Bell and Taco John's had been fighting over "Taco Tuesday" for months, but one company just stepped out of the dispute. 'Taco Tuesday' trademark dispute is over. Here's who won the fight