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Tag Archives: Intellectual Property

Tax preparer’s use of plaintiff’s trademark was confusing (access required)

Where a tax preparation company offers similar services to those offered by the plaintiff, its use of the plaintiff’s trademark on a Facebook page and pamphlets had the tendency to confuse customers. Background Liberty Tax Service sues several defendants for ...

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Intervenor establishes ownership of domain name (access required)

Where a plaintiff named “Huang Zhiyang” alleged he was the owner of domain name 45.com, but an intervenor named “Huang Zhiyang” provided evidence that he was the rightful owner, the court found that the intervenor was the real “Huang Zhiyang” ...

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No statutory damages in ice cream photograph suit (access required)

Where rival ice cream truck owners dispute the right to use a banana split photograph, but the plaintiff didn’t register the photo until after the alleged infringement, it may not recover statutory damages or attorneys’ fees. However, because it did ...

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‘Rejuvenate’ mark holder can challenge ‘REJUVenate’ (access required)

Where the defendants were allowed to use “REJUVenate” on “[a]ll-purpose disinfectants for infection control and prevention and biosecurity,” but allegedly used it on cleaning products that fall within the scope of goods covered by the plaintiff’s preexisting “Rejuvenate” mark, the ...

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Domain name must be transferred to Prudential (access required)

Where an alleged cybersquatter who held the PRU.COM domain name intended to divert customers from Prudential Insurance Company or wanted a six-figure payment for the name, and it had registered other domain names evidencing bad faith, PRU.COM was ordered transferred ...

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Prevailing party can’t get expert fees in trademark appeal (access required)

Although a prevailing party can ordinarily recover its expert fees as part of its bill of costs, a unique statute requires an applicant appealing an adverse trademark decision by the United States Patent and Trademark Office, or USPTO, in federal ...

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