Sampson v. Murray
415 U.S. 61 (1974) Cited 2,031 times 1 Legal AnalysesHolding that possibility of backpay obviates risk of irreparable harm
Inwood Laboratories v. Ives Laboratories
456 U.S. 844 (1982) Cited 1,257 times 25 Legal AnalysesHolding that secondary liability for trademark infringement arises when a manufacturer or distributor intentionally induces another to infringe
Permanent v. Lasting
543 U.S. 111 (2004) Cited 326 times 5 Legal AnalysesHolding defense available even where likelihood of confusion established
Brookfield Communications, Inc. v. West Coast Entertainment Corp.
174 F.3d 1036 (9th Cir. 1999) Cited 1,073 times 9 Legal AnalysesHolding mark use was not sufficiently public when used in a website domain and in "limited correspondence with lawyers and a few customers"
Herb Reed Enterprises, LLC v. Florida Entertainment Management, Inc.
736 F.3d 1239 (9th Cir. 2013) Cited 494 times 17 Legal AnalysesHolding that a plaintiff seeking a preliminary injunction in a trademark infringement case must establish a likelihood of irreparable harm that is grounded in evidence, not in conclusory or speculative allegations of harm
Goto.com, Inc. v. Walt Disney Co.
202 F.3d 1199 (9th Cir. 2000) Cited 559 times 2 Legal AnalysesHolding that marks were "strikingly similar" when considered with colors as used in commerce despite PTO's determination that they were not confusingly similar based on black and white submission
AMF Inc. v. Sleekcraft Boats
599 F.2d 341 (9th Cir. 1979) Cited 1,042 times 18 Legal AnalysesHolding "Slickcraft" to be suggestive of a fast boat
Network Automation, Inc. v. Advanced Systems Concepts, Inc.
638 F.3d 1137 (9th Cir. 2011) Cited 355 times 11 Legal AnalysesHolding that the similarity of two marks can be tested on three levels: "sight, sound, and meaning."
Oakland Tribune, Inc. v. Chronicle Pub. Co.
762 F.2d 1374 (9th Cir. 1985) Cited 645 timesFinding no irreparable harm based on "loss of reputation, competitiveness, and goodwill" where plaintiff provided "only two affidavits" which "did not address the particular situation in issue" and "provided only conclusory statements"
Virginia Petroleum Job. v. Fed. Power Com'n
259 F.2d 921 (D.C. Cir. 1958) Cited 844 times 1 Legal AnalysesFinding if “adequate compensatory or other corrective relief” will not be available later in the litigation this factor weighs toward a finding of irreparable harm
Section 1125 - False designations of origin, false descriptions, and dilution forbidden
15 U.S.C. § 1125 Cited 15,238 times 320 Legal AnalysesHolding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"
Section 1114 - Remedies; infringement; innocent infringement by printers and publishers
15 U.S.C. § 1114 Cited 7,878 times 88 Legal AnalysesHolding liable "Any person who shall, without the consent of the registrant — use in commerce any reproduction . . . of a registered mark . . . in connection with which such use is likely to cause confusion."
Section 1051 - Application for registration; verification
15 U.S.C. § 1051 Cited 3,778 times 123 Legal AnalysesRequiring a filing of a Statement of Use to register a mark
Section 1065 - Incontestability of right to use mark under certain conditions
15 U.S.C. § 1065 Cited 1,104 times 16 Legal AnalysesListing the requirements for incontestability