Does a federal district court lose jurisdiction over a trademark cancellation claim after the trademark holder terminates any infringement actions and promises not to assert its...
trademark
(LIIBULLETIN preview (pre-2014))
[Question presented]
[Issues]
[Facts]
[Discussion]
[Analysis]
Issue
(LIIBULLETIN preview)
For over fifteen years, B&B Hardware, Inc. (“B&B”), doing business as Sealtight Technology, and Hargis Industries, Inc. (“Hargis”), doing business as Sealtite Building Fasteners, have been involved in trademark litigation over the similarity of...
(LIIBULLETIN preview)
In the mid-1990s two companies began providing financial services in the United States. See Hana Financial, Inc. v Hana Bank, 735 F.3d 1158, 1161 (9th Cir. 2013). In July 1994, Respondents Hana Bank (“HB”), which was established in Korea since 1971,...
(LIIBULLETIN preview)
Respondent Erik Brunetti founded a clothing brand, “FUCT,” in 1990. In re: Erik Brunetti, 877 F.3d 1330 (Fed. Cir. 2017) at 4. In 2011, Brunetti was assigned an application filed by two unrelated individuals to register the name “FUCT” as a trademark...
(Wex page)
Overview
The Lanham Act, 15 U.S.C. §§ 1051 et seq., was enacted by Congress in 1946. The Act provides for a national system of trademark registration and protects the owner of a federally registered mark against the use of similar marks if such use is...
(LIIBULLETIN preview)
On November 14, 2011, Simon Tam filed an application to register the name of an Asian-American dance-rock band, THE SLANTS, with the United States Patent and Trademark Office (“USPTO”). In Re Simon Shiao Tam, 808 F.3d 1321, at 10–11 (2015). Tam and his...
(LIIBULLETIN preview)
Respondent Tempnology, LLC (“Tempnology”) designs and manufactures accessories—such as towels, socks, and headbands—that remain cool while a user exercises. Mission Product Holdings, Inc., v. Tempnology, LLC, n/k/a Old Cold LLC at 3. In connection with...
(Wex page)
Overview
A patent grants the patent holder the exclusive right to exclude others from making, using, importing, and selling the patented innovation for a limited period of time. The U.S. Patent Act, 35 U.S.C. §§ 1 et seq., was enacted by Congress...
(Wex page)
Overview
Trademark law protects a trademark owner's exclusive right to use a trademark when use of the mark by another would be likely to cause consumer confusion as to the source or origin of goods. Trademark law is a federal issue, and as such, the...
(Wex page)
Overview
The law of unfair competition is primarily comprised of torts that cause economic injury to a business through a deceptive or wrongful business practice. Unfair competition can be broken down into two broad categories:
unfair...