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Ninth Circuit Determines That Plaintiffs Must Prove Likelihood of Irreparable Harm to Obtain a Preliminary Injunction in Trademark

On December 2, 2013, the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Herb Reed Enterprises, LLC v. Florida Mgmt., Inc.; Larry Marshak (9th Cir. December 2, 2013). In this case,  Larry Marshak and his company Florida Entertainment Management, Inc. (Marshak) had appealed the district court’s grant of a preliminary injunction in […]

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Virginia Appellate Court reverses Summary Judgment Against Google for Key Word Advertising

In April 2012, the U.S. Court of Appeals for the Fourth Circuit decided the keyword advertising case Rosetta Stone Ltd. v. Google Inc. 676 F.3d. 144 (4th Cir., April 9, 2012). The plaintiff-appellant, Rosetta Stone, appealed from a judgment of the U.S. District Court for the Eastern District of Virginia. In its opinion, the Fourth […]

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Federal Circuit Affirms TTAB Decision in Collateral Estoppel Case

On December 21, 2012, the U.S. Court of Appeals for the Federal Circuit issued its decision in Stephen Slesinger, Inc. v. Disney Enterprises, Inc., __ F.3d __ (Fed. Cir. 2013).  In the opinion, the Federal Circuit affirmed the U.S. Trademark Trial and Appeal Board’s (“TTAB”) ruling that the appellant’s cancellation action was barred, by collateral estoppel, due […]

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Federal Circuit Upholds TTAB’s Finding of Abandonment of Lens.com’s LENS Mark

On August 3, 2012, the US Court of Appeals for the Federal Circuit issued a decision in the case Lens.com, Inc. v. 1-800 Contacts, Inc.  In the case, the Federal Circuit upheld a decision of the USPTO Trademark Trial and Appeal Board (“TTAB”) granting a motion for summary judgment and ordering the cancellation of Lens.com’s […]

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http://tdrweb.uspto.gov/ts/cd/casedoc/sn85494726/DRW20111217071741/1/webcontent

Federal Circuit: Evidence Collected After ITU TM App Filed is Relevant to Likelihood of Confusion

On July 9, 2012, the US Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (“TTAB”) refusal of Midwestern Pet Foods’ (“Midwestern”) application for the mark WAGGIN’ STRIPS due to a likelihood of confusion with another mark, BEGGIN’ STRIPS, owned by Societe des Produits Nestle (“Nestle”). Midwestern filed an intent-to-use […]

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