all - Opinion Summaries

BISHOP v. EQUINOX INT'L CORP.

Attorney's Fees, Intellectual Property, Trademark
Where plaintiff lacks an active business presence of substantial magnitude or profitability, and does not lose any sales or customer goodwill due to...

STATE CONTRACTING & ENGINEERING CORP. v. STATE OF FLORIDA

Civil Procedure, Intellectual Property, Trademark, Patent
Because a waiver of sovereign immunity must be express and equivocal, filing a counterclaim during a period when the State was reasonably unsure about...

NAT'L ASS'N FOR HEALTHCARE COMMUNICATIONS, INC. v. CENT. ARKANSAS AGENCY ON AGING, INC.

Intellectual Property, Trademark
The holder of state-registered trademark is only entitled to protection in areas where it had market penetration against the holder of a...

SHIELDS v. ZUCCARINI

Cyberspace Law, Intellectual Property, Trademark
Registering as domain names the misspellings of famous marks for purposes of profiting from consumer confusion violates 15 USC 1125(d)(1)(A)(ii)(I)...

B&B HARDWARE, INC. v. HARGIS INDUS., INC.

Intellectual Property, Trademark
The court-s use of an example cited by a trial witness does not necessarily support the inference that the court is endorsing the testimony of that...

ALLARD ENTERS., INC. v. ADVANCED PROGRAMMING RES., INC.

Civil Procedure, Intellectual Property, Trademark
Defendants may not interpose a counterclaim for cancellation of plaintiff's federal trademark registration when the circuit court limited remand of...

FAR OUT PRODUCTIONS, INC. v. OSKAR

Civil Procedure, Intellectual Property, Trademark
A trademark owner is not collaterally estopped by a state trademark verdict where it was merely in privity with state court defendants and where owner...

NEW KAYAK POOL CORP. v. R & P POOLS, INC.

Intellectual Property, Trademark
In determining whether to grant a preliminary injunction in a trademark infringement case, a district court must apply the multi-factor balancing test...

BRIDGESTONE/FIRESTONE RESEARCH, INC. v. AUTO. CLUB DE L'OUEST DE LA FRANCE

Intellectual Property, Trademark
Where there is undue delay in bringing a request for cancellation of a trademark, the doctrine of laches takes account of the economic prejudice...

CHANCE v. PAC-TEL TELETRAC INC.

Intellectual Property, Trademark
Where the owner of a service mark cannot show any sales of the service, the totality of the circumstances test suggests insufficient use in commerce...