On Tuesday, P&G filed separate lawsuits against Percara Enterprises and Cumberland Swan Holdings for trade dress infringement, trademark infringement and unfair competition involving several beauty care brands and one oral care brand.
The principal question in this case is the effect of an expired patent on a claim of trade dress infringement.
On the one hand this is a breach of the Apple terms and may be trade mark infringement.
BskyB said: "We are pleased to have reached a settlement after Microsoft agreed not to appeal the trade mark infringement judgment in relation to its SkyDrive service".
Respondent, the operator of a chain of Mexican restaurants, sued petitioner, a similar chain, for trade dress infringement under § 43(a) of the Trademark Act of 1946 (Lanham Act), which provides that "[a]ny person who..
More recently, the Chinese government arrested four of Rio Tinto's employees in its iron-ore operations in China, accusing them of commercial bribery and trade secrets infringement, although it backed away from the more serious charge of stealing state secrets.
In a civil action for trade dress infringement under this chapter for trade dress not registered on the principal register, the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional.
In a civil action for trade dress infringement under this Act for trade dress not registered on the principal register, the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional.
As we explained just last Term, see Wal-Mart Stores, Inc. v. Samara Brothers, Inc., 529 U. S. 205 (2000), various Courts of Appeals have allowed claims of trade dress infringement relying on the general provision of the Lanham Act which provides a cause of action to one who is injured when a person uses "any word, term name, symbol, or device, or any combination thereof..
Mr. Hu, general manager of Rio Tinto's Shanghai office and the company's top iron ore salesman in China, is believed to be one of the highest ranking foreign executives ever charged with commercial bribery and trade secrets infringement involving a state-controlled industry.
