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Exceptional Case Lanham Act Likelihood of Confusion

McDermott Will & Emery

What Makes a Trademark Case “Exceptional” in the Fifth Circuit?

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The US Court of Appeals for the Fifth Circuit affirmed a senior party mark but found that the district court committed clear error in finding that a similar junior party mark was valid. The Fifth Circuit also found that the...more

McDermott Will & Emery

Disgorgement of Profits Appropriate Remedy for Breach of Contract, Trademark Infringement

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In a trademark infringement and breach of contract case involving real estate companies with a shared name, the US Court of Appeals for the Fourth Circuit affirmed summary judgment in favor of the trademark owner, including...more

McDermott Will & Emery

Eagle Eye on Attorneys’ Fee Award: Courts Must Apportion Award Based on Successful Claims

Addressing the standard of review for attorneys’ fee awards under the Lanham Act, the US Court of Appeals for the Fifth Circuit applied Highmark’s abuse-of-discretion standard, affirmed the district court’s exceptional-case...more

WilmerHale

Copyright and Trademark Case Review: Sibling Rivalry, Grilled Meat and Attorneys' Fees

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Copyright Opinions - Sixth Circuit Upholds Siblings' Termination of Brother's Copyright Assignment: Brumley v. Albert E. Brumley & Sons, Inc., No. 15-5429 (6th Cir. May 16, 2016) - Sutton, J. In a declaratory...more

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