Court: Third Circuit

Nike will need to “cool” off after a recent Third Circuit ruling

The US Court of Appeals for the Third Circuit has held Nike liable for trademark infringement over the use of Lontex’s COOL COMPRESSION trademark in its apparel line descriptions. Under plenary review and abuse of discretion, the Third Circuit reviewed the lower court’s decision on whether a jury could find infringement.

31 July 2024

Third Circuit vacates district court’s grant of relief in charity infringement dispute

In a long-running trademark spat between two children’s education charities, the Third Circuit has ruled that the district court erred in granting relief to the plaintiff. Its decision sheds light on the impact of a delay in bringing a suit as well as where the burden of proof lies.

30 May 2024

Third Circuit deems candy shape and colour functional and unprotectable

Well-known sweet manufacturer Haribo has prevailed in an infringement dispute, relying on consumer common sense. The case sheds light on the role of functionality in trademark ownership and how two products can be found not to encroach on one another’s marks despite great similarity between them.

05 October 2023