Tim Kenny (US)

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Trademarks, Internet sales, and personal jurisdiction

On February 10, 2020, the Seventh Circuit federal appeals court ruled that an Illinois-based seller of dietary supplements could maintain a federal Lanham Act and Illinois state law claims against a California-based competitor that had only an online presence, and no physical presence in Illinois. (Curry v. Revolution Laboratories, LLC, 949 F,3d 385 (7th Cir. … Continue reading

Supreme Court holds TTAB decisions can have preclusive effect in subsequent infringement actions

Earlier today, the U.S. Supreme Court issued a landmark trademark decision holding that TTAB rulings on likelihood of confusion can have preclusive effect in subsequent federal court infringement actions. B&B Hardware, Inc. v. Hargis Industries, Inc., No. 13-352, slip op. (U.S. Mar. 24, 2015) We previously reported on the 18-year fight between B&B Hardware and … Continue reading

US Supreme Court will not clarify the split in the circuits on the issue of presumption of irreparable harm in trademark preliminary injunction actions

Earlier this year, we wrote about the Ninth Circuit decision in Herb Reed Enterprises, LLC v. Florida Entertainment Management, Inc., in which the Ninth Circuit found that there is no presumption of irreparable harm in trademark preliminary injunction matters and concluded that the plaintiff must demonstrate irreparable harm to obtain a preliminary injunction in a … Continue reading
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