Joshua Revilla
Subscribe to Joshua Revilla's PostsJoshua Revilla focuses his practice on intellectual property litigation matters. Read Joshua Revilla's full bio.
Not on My Watch: Disclosure of Restored Goods’ Source Obviates Consumer Confusion
By Joshua Revilla on Sep 23, 2021
Posted In Trademarks
The US Court of Appeals for the Second Circuit affirmed a ruling that a defendant’s use of a mark in connection with the sale of used goods did not create consumer confusion, finding that the district court adequately analyzed the relevant Polaroid factors and did not erroneously apply the 1947 Champion Spark Plug case. Hamilton...
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Texas Hammer Nails Trademark Infringement Appeal
By Joshua Revilla on Sep 2, 2021
Posted In Trademarks
The US Court of Appeals for the Fifth Circuit reversed a district court’s dismissal of an initial confusion trademark complaint, finding that the plaintiff alleged a plausible claim of trademark infringement under the Lanham Act. Adler v. McNeil Consultants, LLC, Case No. 20-10936 (6th Cir. Aug. 10, 2021) (Southwick, J.) Jim Adler is a personal...
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Reverse Confusion Suit Not Ironclad, but SmartSync Lives On
By Joshua Revilla on Apr 29, 2021
Posted In Trademarks
In a split decision, the US Court of Appeals for the Ninth Circuit vacated a district court’s summary judgment and remanded the case for trial in an action brought under the Lanham Act in order to resolve material issues of fact on likelihood of confusion/reverse confusion factors that remain in dispute. Ironhawk Technologies, Inc. v....
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Pardon My French: France Wins Trademark Dispute Using Sovereign Immunity
By Joshua Revilla on Apr 8, 2021
Posted In Trademarks
The US Court of Appeals for the Fourth Circuit reversed a district’s court denial of sovereign immunity under the Foreign Sovereign Immunity Act (FSIA) and remanded the case to be dismissed with prejudice, holding that France was immune from a trademark infringement claim in the United States brought by the former owner of the domain...
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