The US Court of Appeals for the Ninth Circuit affirmed a district court’s decision that, in terms of trademark use in commerce, corporate equity is not a “good” or “service” under the Lanham Act. LegalForce RAPC Worldwide, PC...more
1/16/2025
/ Appeals ,
Corporate Governance ,
Equity ,
Extraterritoriality Rules ,
Goods or Services ,
Intellectual Property Litigation ,
Lanham Act ,
Statutory Interpretation ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Use in Commerce
The US District Court for the Northern District of California granted the city and county of San Francisco a preliminary injunction enjoining the Port of Oakland from using the name or trademark “San Francisco Bay Oakland...more
The US Court of Appeals for the Ninth Circuit affirmed in part a district court’s ruling in a trademark dispute, upholding its decision to invalidate trademark applications. The Ninth Circuit held that district courts have...more
4/11/2024
/ Appeals ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Intent-to-Use ,
Lanham Act ,
Popular ,
Trademark Application ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
USPTO
The US Court of Appeals for the Ninth Circuit reversed a district court’s dismissal of trademark declaratory judgment claims, finding that pre-enforcement commercialization activities can be used to establish personal...more
The US Court of Appeals for the Ninth Circuit reversed and remanded a district court’s dismissal for lack of personal jurisdiction, deciding that the sale of a product via an interactive website provides sufficient “minimum...more
7/13/2023
/ Appeals ,
Dismissals ,
False Advertising ,
Interactive Content ,
Lanham Act ,
Online Marketplace ,
Personal Jurisdiction ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Unfair Competition
The US Court of Appeals for the Ninth Circuit concluded that when a party obtains a declaratory relief finding that it does not infringe a trademark, it no longer has Article III standing to pursue invalidation of the mark....more
In its first occasion to interpret § 353b of the Federal Food, Drug, and Cosmetic Act (FDCA), the US Court of Appeals for the Ninth Circuit relied on the “implied preemption doctrine” to affirm a district court’s case...more