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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 ...
Fair use of trademarks is more limited than that which exists in the context of copyright. Many trademarks are adapted from words or symbols that are common to the culture, as Apple, Inc. using a trademark that is based upon the apple. Other trademarks are invented by the mark owner (such as Kodak) and have no common use until introduced by the ...
Trademark owned by Philips in the European Union and various other jurisdictions, but invalidated in the United States due to it being merely a descriptive term. [1] [2] [3] Aspirin Still a Bayer trademark name for acetylsalicylic acid in about 80 countries, including Canada and many countries in Europe, but declared generic in the U.S. [4] Catseye
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 ...
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 ...
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 ...
A jury is competent to decide the legal issue of damages stemming from breach of contract or trademark infringement, so long as the accounts between the parties are not so complicated that only acourt of equity could untangle such accounts. Sears, Roebuck & Co. v. Stiffel Co. 376 U.S. 225: March 9, 1964: 9–0 Substantive: Unfair competition
In the lawsuit, Buc-ee's accuses Duckees of violating company's rights protected by the trademarks by adopting an allegedly similar logo and using it on clothing and retail store services ...