Window World International v. O'Toole

This is an appeal of a district court order staying a federal action for trademark infringement and unfair competition pending resolution of common trademark license issues in long-pending state court litigation between the parties. We dismiss the appeal for lack... Read more →

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Vitamin Energy LLC v. Evanston Insurance Co

Pennsylvania law imposes on insurers a broad duty to defend lawsuits brought against those they insure. Vitamin Energy, LLC, obtained a policy from Evanston Insurance Company and was subsequently sued by a competitor, the owners of the 5-hour Energy brand,... Read more →

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Galperti, Inc. v. Galperti S.R.L.

In September 2007, Galperti S.r.l. (Galperti-Italy), to support its application to the Patent and Trademark Office (PTO) for registration of the mark GALPERTI, told the PTO that, in the five preceding years, its use of the mark was “substantially exclusive.”... Read more →

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Brooklyn Brewery Corporation v. Brooklyn Brew Shop, LLC

The Brooklyn Brewery Corporation (“Brewery”) appeals a decision of the Trademark Trial and Appeal Board (the “Board”). Brewery petitioned to cancel Brooklyn Brew Shop, LLC’s (“BBS”) registration of the mark “BROOKLYN BREW SHOP,” in standard characters, for goods identified as... Read more →

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McKeon Products, Inc. v. Howard S. Leight & Associates, Inc.

In 1995, McKeon Products (“McKeon”) sued Howard S. Leight and Associates (“Leight”) over its use of a phonetically identical trademark. Both companies made earplugs. McKeon used the brand name “MACK’S,” and Leight used the brand names “MAX” and “MAX-LITE.” The... Read more →

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Beasley v. Howard

Musicians David Beasley and William Howard are embroiled in a long-running dispute over the rights to the band name “Ebonys.” Beasley filed two petitions before the Trademark Trial and Appeal Board (“TTAB”) to cancel Howard’s registered THE EBONYS mark. The... Read more →

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Hamilton International Ltd. v. Vortic LLC

Hamilton International Ltd. sued Vortic LLC and its founder, Robert Thomas Custer, for selling wristwatches that featured restored antique pocket watch parts with Hamilton’s trademark. Following a bench trial, the District Court entered judgment on all claims in favor of... Read more →

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Ayla, LLC v. Alya Skin Pty. Ltd.

Reversing the district court’s dismissal of a trademark infringement action for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(2), and remanding, the panel held that defendant Alya Skin Pty. Ltd., an Australian skincare company, was subject... Read more →

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Piano Factory Group, Inc. v. Schiedmayer Celesta GmbH

In this trademark case, the appellants, Piano Factory Group, Inc., and Sweet 16 Musical Properties, Inc. (collectively, “Sweet 16”), seek review of a decision of the Trademark Trial and Appeal Board (“TTAB” or “Board”) that ordered the cancellation of a... Read more →

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Jim S. Adler, PC v. McNeil Consultants, LLC

Plaintiffs allege that Defendants purchased trademark terms as keywords for search-engine advertising, then placed generic advertisements that confused customers as to whether the advertisements belonged to or were affiliated with the Plaintiffs. The district court dismissed the complaint for failure... Read more →

Registering your trademarks is one of the best long-term investments you can make in your business. Contact us today for more information.

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