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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.
Justice Clarence Thomas delivered the majority opinion, which was joined by Chief Justice John Roberts and Justices Alito, Sotomayor, and Kagan. [7] The court defined its task as "whether the lines, chevrons, and colorful shapes appearing on the surface of [Varsity Brands'] cheerleading uniforms are eligible for copyright restriction as separable features of the design of those cheerleading ...
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
Arsenal Football Club vs. Matthew Reed is a trademark infringement case in English law concerning the sale of unlicensed merchandise bearing the Arsenal Football Club trademarks. The case revolved around Matthew Reed, who for approximately 30 years sold souvenirs near Arsenal's Highbury Stadium , some of which bore the club's registered trademarks.
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 ...
The Lanham Act prohibits "the deceptive and misleading use of marks" to protect business owners "against unfair competition." [4] The Act defines trademarks as "any word, name, symbol, or device or any combination thereof" used by any person "to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the ...
Playboy Enterprises, Inc. filed suit against Welles, claiming trademark infringement and trademark dilution. Welles responded that she could not legitimately describe herself without using the magazine's trademarked terms, and in doing so she was engaged in nominative use (a component of the fair use defense in trademark law) of the trademarks ...
Infringement may refer to: Infringement procedure , a European Court of Justice procedure to determine whether a Member State has fulfilled its obligations under Union law Intellectual property infringement , violating an owner's exclusive rights to intangible assets such as musical, literary, or artistic works