all - Opinion Summaries

CHECKPOINT SYSTEMS, INC. v. CHECK POINT SOFTWARE TECHS., INC.

Intellectual Property, Trademark
When considering the likelihood of confusion between marks under the Lanham Act, courts must look at the strength of the mark in the industry in which...

FIRST HEALTH GROUP CORP. v. BCE EMERGIS CORP.

Consumer Protection Law, Health Law, Intellectual Property, Trademark
Because some confusion and misunderstanding are inevitable in any business relation, the Lanham Act deals only with confusion that exceeds the norm in...

BLISS SALON DAY SPA v. BLISS WORLD LLC

Intellectual Property, Trademark
Before getting a preliminary injunction against use of a trademark in a specified commercial region, a plaintiff must prove that its mark has acquired...

CAE, INC. v. CLEAN AIR ENG'G, INC.

Intellectual Property, Trademark
Even if the two parties to a trademark dispute do not provide substantially similar goods or services, a district court may find infringement as a...

PACKMAN v. CHICAGO TRIBUNE CO.

Intellectual Property, Trademark
A newspaper's reproduction of its headline, along with its masthead, on souvenir products is not a trademark use because the masthead identifies the...

DAVIDOFF & CIE, SA v. PLD INT'L CORP.

Intellectual Property, Trademark
The unauthorized resale of a materially different trademarked product constitutes trademark infringement.

PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS v. DOUGHNEY

Cyberspace Law, Intellectual Property, Trademark
To use a mark "in connection with" goods or services, defendant need not have actually sold or advertised goods or services on a web site, but need...

PLANETARY MOTION, INC. v. TECHPLOSION, INC.

Cyberspace Law, Intellectual Property, Trademark
Free distribution of software over the Internet with no existing business, no intent to form a business, and no sale under a mark constitutes...

V SECRET CATALOGUE, INC. v. MOSELEY

Intellectual Property, Trademark
Under the Federal Trademark Dilution Act, 15 USC 1125(c), a senior trademark holder may prevail on a dilution claim by showing likelihood of harm...

IN RE SAVE VENICE NEW YORK, INC.

Intellectual Property, Trademark
A declaration from the executive director of the trademark applicant, asserting that she knew from personal experience that none of the applicant's...