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There are other laws that restrict speech, like the Lanham Act—but prohibiting trademark infringement focuses on commercial speech, and requires showing likelihood of confusion before such speech is restricted. Already, LLC v. Nike, Inc. 568 U.S. 85: Jan. 9, 2013: 9–0: Procedural: Mootness; Infringement; Invalidation Majority: Roberts
Bosley Medical Institute v. Kremer, No. 04-55962 is a case in which the United States Court of Appeals for the Ninth Circuit affirmed, reversed and remanded the rulings of the United States District Court for the Southern District of California, holding that defendant, Michael Kremer, could not be held liable for trademark infringement or dilution for his use of the Bosley Medical Group's name ...
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 ...
On Friday, Ford Motor Company (NYSE: F) reiterated that General Motors Company's (NYSE: GM) lawsuit is frivolous. What Happened: In the latest development in the trademark infringement dispute ...
Hitting a rough patch! After being sued by esthetician Cydnie Lunsford for trademark infringement, SKKN founder Kim Kardashian is responding to the lawsuit against her — claiming her company has ...
Romag Fasteners, Inc. v. Fossil, Inc., 590 U.S. ___ (2020), was a United States Supreme Court case related to trademark law under the Lanham Act.In the 9–0 decision on judgement, the Court ruled that a plaintiff in a trademark infringement lawsuit is not required to demonstrate that the defendant willfully infringed on their trademark to claim lost profit damages.
Software company Wex Inc sued HP Inc for trademark infringement in Maine federal court on Thursday, accusing it of misusing the "Wex" name to brand competing HP software. Wex, which specializes in ...
There are two kinds of secondary liability for trademark infringement: Contributory trademark infringement and vicarious trademark infringement. While trademark infringement is different from copyright infringement, Perfect 10's arguments in support of trademark infringement were essentially identical to those alleged in Perfect 10's copyright ...
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