Third Circuit Articulates Nominative Fair Use Test
“In this Circuit, we have today adopted a test for nominative fair use in which a court will pose three questions: (1) Is the use of the plaintiff’s mark necessary to describe both plaintiff’s product...
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2d Circuit Case On Side-by-Side vs. Serial Viewing
Louis Vuitton brought a trademark, trade dress and related torts action against Burlington Coat Factory, for selling a handbag that, Burlington conceded, ‘brought to mind’ LV’s Murakami Multicolore...
View ArticleSixth Circuit: Right of Publicity / Attorneys Fees Decision
Sixth Circuit discussion of, inter alia, award of attorneys fees under the Lanham Act. Discussion of case by Silicon Valley Media Law Blog here. Andretti v. Borla Performance Industries, civ 04-1835...
View ArticleRoutt v Amazon: Review of 9th Circuit (c) vicarious liaiblity cases
Routt v. Amazon. com Review of 9th Circuit © vicarious liability cases http://t.co/stOvhcn5sL — TrademarkBlog (@TrademarkBlog) September 4, 2014
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2nd Cir: Marcel v Lucky Brand Dungarees re GET LUCKY – Plaintiff Asserts...
Marcel and Lucky litigated use of the GET LUCKY and LUCKY marks three times. The first lawsuit, in 2001, resulted in a release. The second lawsuit, in 2005, revealed in early motion practice that...
View ArticleRoutt v Amazon: Review of 9th Circuit (c) vicarious liaiblity cases
Routt v. Amazon. com Review of 9th Circuit © vicarious liability cases http://t.co/stOvhcn5sL — TrademarkBlog (@TrademarkBlog) September 4, 2014
View ArticleClik here to view.
2nd Cir: Marcel v Lucky Brand Dungarees re GET LUCKY – Plaintiff Asserts...
Marcel and Lucky litigated use of the GET LUCKY and LUCKY marks three times. The first lawsuit, in 2001, resulted in a release. The second lawsuit, in 2005, revealed in early motion practice that...
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