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Tag Archives: trademark infringement

Intellectual Property: Trademark Infringement-Deceptive Trade Practice-Disgorgement

Where a party-bus company, which sued a competitor for trademark infringement and deceptive trade practices, challenged the denial of its requests for the disgorgement of profits and for attorneys’ fees, the district court properly denied the requests based on findings ...

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Court upholds dismissal of cat-toy dispute

Ripple Rug

A Springfield company accused of conspiring to create a national advertising campaign to sell a knock-off cat toy has lost its appeal to reopen the lawsuit against it so it can seek attorneys’ fees. A three-judge panel of the 8th ...

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Trademark Infringement-Use in Commerce Element-Voluntary Dismissal without Prejudice

Defendants appealed from the grant of plaintiff’s motion to voluntarily dismiss without prejudice. Plaintiff had alleged that defendants advertised and marketed an infringing product but never actually manufactured it or delivered it to customers. Defendants moved to dismiss, arguing that ...

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Contracts: Trademark Infringement-Coexistence Agreement-Personal Jurisdiction

Defendant adopted the name Federated National Holding Company. Plaintiff became concerned defendant’s name was confusingly similar to its own, and the parties entered a coexistence agreement under which defendant agreed to adopt a new name within seven years and provide ...

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Administrative: Trademark Infringement-Incontestability Determination

Plaintiff filed a trademark-infringement suit after obtaining incontestability status for its mark that carried a presumption of secondary meaning, which a prior jury rejected. Defendant filed counterclaims alleging plaintiff obtained incontestability status through fraud. The district court entered judgment for ...

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