Search results
Results from the WOW.Com Content Network
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 ...
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.
In a 2023 interview with Rolling Stone, the band recalled how the controversy only served to provide free publicity to both sides of the case despite Mattel's attempts to suppress the song on the grounds of trademark infringement. [7]
KP Permanent Make-Up, Inc. v. Lasting Impression I. Inc. 543 U.S. 111, 124 (2004) ("a plaintiff claiming infringement of an incontestable mark must show likelihood of consumer confusion as part of the prima facie case, ... while the defendant has no independent burden to negate the likelihood of any confusion in raising the affirmative defense ...
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 ...
Harley Wins Biggest-Ever TradeMark Infringement Case Courts side with Harley-Davidson in 2017 trademark infringement lawsuit, the marque’s biggest ever win of its kind Harley-Davidson has a well ...
The Supreme Court first recognized the doctrine of contributory infringement in 1924, in William R. Warner & Co. v. Eli Lilly & Co. [8] [9] In this case, the salesmen for the defendant, a manufacturer, suggested to retail dealers that defendant's product could be imperceptibly substituted for the plaintiff's product. [8]
The new case deals with another measure calling for a trademark request to be refused if it involves a name, portrait or signature “identifying a particular living individual” unless the ...