Advising a large online designer fashion retailer in respect of
alleged trade mark infringement and passing off by a luxury American designer brand.
Not exact matches
The suit
alleges trademark
infringement and unfair
trade practices, based on Blockshopper's use of the firm's service
marks, links to its site and use of lawyers» photos from its site.
Bainbridge has also brought a
trade mark infringement and passing off claim against Navigate Travel on behalf of Sail Week Croatia, which
alleges that the defendant used the brand Sail Week in a sector that competed with its brand.
38 It follows from the foregoing that an action relating to
alleged infringement of a
trade mark registered in a Member State through the use, by an advertiser, of a keyword identical to that
trade mark on a search engine website operating under a country - specific top - level domain of another Member State may also be brought before the courts of the Member State of the place of establishment of the advertiser.
34 In the case of an
alleged infringement of a national
trade mark registered in a Member State because of the display, on the search engine website, of an advertisement using a keyword identical to that
trade mark, it is the activation by the advertiser of the technical process displaying, according to pre-defined parameters, the advertisement which it created for its own commercial communications which should be considered to be the event giving rise to an
alleged infringement, and not the display of the advertisement itself.
Mr. Whitney's representative work includes a series of successful outcomes pursuing false advertising claims against product review websites, a landmark victory clarifying copyright fair use and parody on behalf of several well - known musicians; a defense win dismissing copyright
infringement claims brought by a putative class of attorneys against the leading legal research websites; a favorable outcome for a high - end beauty products company in a trademark and
trade dress action against a manufacturer of knock - off products; a district and appellate court decision dismissing all claims by a proposed class against an international bank for
alleged violations of, among other things, the Federal False
Marking Act, RICO and the CAN - SPAM Act; and counseling prominent art museums and galleries on domestic and international copyright issues.
The federal lawsuit
alleged trademark
infringement and unfair
trade practices based on BlockShopper's use of the firm's services
marks, links to its Web site and use of lawyers» photos from the site.
Proceedings in Spain for
alleged infringement of the same EU
trade mark have been stayed as the
mark is the subject of cancellation proceedings at the EUIPO.
It was
alleged at trial that the consignments were counterfeit, and amounted to
trade mark infringement, as unlawful parallel imports.