By Scott Cameron
The Ninth Circuit Court of Appeals issued an opinion last week that, while not necessarily controversial or new, serves as a good reminder for trademark litigators: There must be actual infringement to prevail in a trademark infringement lawsuit. While
Trademark Blog Befriends Court In First Amendment/Trademark Case
The Trademark Blog was a signatory on a friend of the court brief in Freecycle v. Oey. The case involved two problematic points – a finding that talking about a trademark (without more) might constitute trademark infringement, and an order…