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Articles by Chris Civil
Steering Away From Confusion: Despite Advisory Jury Finding, Court Rules No Infringement of DRIVEWISE Trademark
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Federal Circuit Makes Way For FUCT, Striking Down The Statutory Bar On Immoral Or Scandalous Trademark Registrations As Unconstitutional
On December 15, the U.S. Court of Appeals for the Federal Circuit struck down the Lanham Act's ban on registering immoral or scandalous trademarks as unconstitutional on First Amendment grounds in In re Brunetti, --- F.3d ---- (Fed. Cir., Dec. 15, 2017, No. 2015-1109). This decision followed just a few months after the Supreme Court's significant holding in Matal v. Tam, 137 S. Ct. 1744 (2017), which invalidated the disparagement clause of the Lanham Act on the same grounds.
All-Or-Nothing Damages Strategy Leads To No Damages Despite Admission Of Patent Infringement
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Not All Buffalos Are Alike: Court Finds No Likelihood Of Consumer Confusion Between Bourbon Bottle And Wine Bottle Trade Dress
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Sneaker Wars: Adidas Defeats Summary-Judgment Motion That Claimed Stan Smith Shoe Design Lacks Distinctiveness
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Fictional, but Protectable: Court Finds Planned Real-World “The Krusty Krab” Restaurant Would Violate Viacom’s Trademark Rights
The Emmy nominations have been announced, and the fall television season is just weeks away. Accordingly, we thought it would be fun to revisit an interesting trademark ruling from earlier this year that still seems timely given these events. With the rise of social media, mobile phone applications and viral marketing, cross-overs between the real world and the fictional world of T.V. shows, movies and video games, are becoming increasingly commonplace.
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