Monthly Archives: January 2017

Lexmark harm requirement reopens gap between registered and unregistered TM infringement

Posted on January 3, 2017 by rtushnet

UHS of Delaware, Inc. v. United Health Services, Inc., 2016 WL 7474801, No. 12-CV-485 (M.D. Pa. Dec. 29, 2016) If other courts follow this logic, this could be big.  Plaintiff UHS Delaware sued United Health Services, Inc., and related defendants … Continue reading →

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Extraterritorial conduct isn’t relevant to laches, but clear house mark defeats counterfeiting charge

Posted on January 3, 2017 by rtushnet

Gibson Brands, Inc. v. John Hornby Skewes & Co. Ltd., No. CV 14-00609, 2016 WL 7479317 (C.D. Cal. Dec. 29, 2016) Gibson sued JHS for infringement of its trade dress rights in guitar body shapes.  The court first rejected JHS’s … Continue reading →

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