Court: Ninth Circuit

Ninth Circuit clarifies power of district courts to cancel pending applications in infringement spat

In a dispute between two smoking product retailers, the Ninth Circuit has upheld a district court decision to cancel a pending trademark application. The decision sheds light on the jurisdiction of federal courts when it comes to resolving cases by cancelling pending applications.

02 May 2024

Ninth Circuit: federal courts have jurisdiction to hear challenges to trademark applications

The decision serves as a warning to applicants that pending trademark applications are not shielded from scrutiny by the federal courts.

15 April 2024

US district courts can void trademark applications, landmark decision rules

In a controversial ruling, the US Court of Appeals for the Ninth Circuit has confirmed that district courts can cancel or alter trademark applications still pending at the USPTO.

04 April 2024

Jack Daniel’s case prompts Ninth Circuit Punchbowl reversal

The recent reversal of a decision by the Ninth Circuit has once again highlighted the nuanced interaction of the Lanham Act and the First Amendment, following the precedential Jack Daniel’s case last year.

08 February 2024

Impossible Burger spat highlights issues of personal jurisdiction

Jurisdiction can be challenging to navigate in cases that involve multiple locations. The Ninth Circuit has now shed helpful light on the criteria that must be met for a court to establish jurisdiction over a non-resident defendant in a trademark infringement case.

12 October 2023

Brandy Melville fails to secure permanent injunction in Ninth Circuit’s first ever contributory infringement ruling

Parties looking to sue online marketplaces for contributory trademark infringement should be prepared to demonstrate that marketplace’s knowledge of specific instances of infringement.

17 August 2023

Ninth Circuit defines personal jurisdiction in interactive website dispute

In Herbal Brands, the Court of Appeals held that if a defendant sells a physical product via an interactive website and causes that product to be delivered to the forum, the exercise of personal jurisdiction may be appropriate.

27 July 2023

Ninth Circuit rulings separate subjective opinions from verifiably false statements under Lanham Act

Following a complex series of decisions in a cybersecurity dispute, a federal court of appeals has unpicked the differences between subjectivity and objectivity in advertising.

13 July 2023

Copyright infringers could be held liable under the Lanham Act following furniture dispute

The Ninth Circuit’s appeal court has confirmed that liability under the Copyright Act and Lanham Act are not mutually exclusive, which is particularly pertinent in regard to trade dress damages.

22 June 2023

No standing to invalidate trademark without threat of infringement suit

At issue in this case was whether, after a party obtains declaratory relief finding that it does not infringe a trademark, it retains Article III standing to invalidate that mark.

24 March 2023