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Tag Archives: trademark infringement

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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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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