A Biden administration lawyer asked the Supreme Court justices to drop the Rogers test and use a multi-factor, more rigorous test used in trademark-infringement cases that looks at whether market confusion could arise out of creative acts. In this April 23, 2021, photo, members of t...
Court Rules in Trademark Infringement Case against Equinox
A federal court ruled in favor of e.l.f. Cosmetics, finding that its "Lash 'N Roll" mascara did not infringe on Benefit Cosmetics' "Roller Lash" trademark, highlighting the nuanced nature of trademark infringement cases involving "du...
Infringement should be direct because no direct provisions exist for indirect trademark infringement cases. You should be able to handle the financial aspects of filing a brand logo infringement criminal lawsuit. You should present accurate documentation to prove your case to the court if you seek ...
Likelihood of confusion can be revealed during an infringement lawsuit. Who Decides Confusion? A court of law decides confusion in most cases. If it is noticed during registration, the United States Patent and Trademark Office (USPTO) may offer a ruling. Do I Need an Attorney? Yes. Legal iss...
confirmed the defendant's use of multiple trademarks as infringement, and awarded one-time punitive damages, compensating the client nearly CNY 2.6 million for economic losses. Additionally, the court ordered a statement to be published in the "China Intellectual Property News" to mitigate the negati...
EU law contains several rules for determining the jurisdictional competence of the EU national courts in trademark infringement cases. According toArticle 125 of the EU Trademark Regulations (EUTMR), a trademark owner can bring a trademark infringement case before the court of any member state where...
Networkprescribes that: “when trying cases of dispute over domain name of computer network, the people’s court shall come to the conclusion that the acts of the defendant of registering or using the domain name, etc. constitute infringement or unfair competition if the following conditions are...
Investigations of Apple’s suspected infringement acts of the IPAD trademark are being conducted in several cities in China. If the original judgment is upheld by the Higher People’s Court, the compensation for the infringement is expected to reach ten billion yuan. ...
While these factors are pivotal, they do not operate in isolation. A court will weigh them collectively, considering the overall context to decide if confusion is probable. The absence or presence of any single factor does not automatically confirm or negate an infringement claim. ...