14 Cited authorities

Ebay Inc. v. Mercexchange, L. L. C.
547 U.S. 388 (2006) Cited 3,776 times 130 Legal Analyses
Holding that traditional four-factor test applies to injunctions against patent infringement
Qualitex Co. v. Jacobson Products Co.
514 U.S. 159 (1995) Cited 563 times 51 Legal Analyses
Holding companies may not "inhibit[] legitimate competition" by trademarking desirable features to "put competitors at a significant non-reputation-related disadvantage"
Brookfield Communications, Inc. v. West Coast Entertainment Corp.
174 F.3d 1036 (9th Cir. 1999) Cited 1,073 times 9 Legal Analyses
Holding mark use was not sufficiently public when used in a website domain and in "limited correspondence with lawyers and a few customers"
Savin Corp. v. Savin Group
391 F.3d 439 (2d Cir. 2004) Cited 292 times
Holding that a single incident of actual confusion at a meeting was de minimis and insufficient to support a finding of a likelihood of confusion
Playboy Enterprises v. Netscape Comm
354 F.3d 1020 (9th Cir. 2004) Cited 208 times 5 Legal Analyses
Holding that infringement could be based on defendant's insertion of unidentified banner ads on C-user's search-results page
Lamparello v. Falwell
420 F.3d 309 (4th Cir. 2005) Cited 167 times 4 Legal Analyses
Holding that the "critical element" is "use of another firm's mark to capture the markholder's customers and profits" and quoting Checkpoint with approval
Squirtco v. Seven-Up Co.
628 F.2d 1086 (8th Cir. 1980) Cited 285 times 2 Legal Analyses
Holding that the failure to make formal findings of fact may be excusable error where the facts are uncontroverted
McNeil v. Heartland
511 F.3d 350 (3d Cir. 2007) Cited 128 times
Holding that the Pennsylvania trademark dilution statute continued to require a showing of actual dilution after the Lanham Act was revised to include likelihood of dilution
Interstellar Starship Services, Ltd. v. Epix, Inc.
304 F.3d 936 (9th Cir. 2002) Cited 132 times 1 Legal Analyses
Holding that the transfer of a domain name, as opposed to an injunction on its use, was inappropriate where the plaintiff established trademark infringement but failed to establish a violation of the Anticybersquatting Consumer Protection Act, citing 15 U.S.C. § 1125(d)(C)
Packard Elevator v. I.C.C
782 F.2d 112 (8th Cir. 1986) Cited 157 times
Holding that recoverable monetary loss may constitute irreparable harm "only where the loss threatens the very existence of the [petitioner's] business"

Hysitron Incorporated v. MTS Systems Corporation

14 Cited authorities

Holding that traditional four-factor test applies to injunctions against patent infringement

Holding companies may not "inhibit[] legitimate competition" by trademarking desirable features to "put competitors at a significant non-reputation-related disadvantage"

Holding mark use was not sufficiently public when used in a website domain and in "limited correspondence with lawyers and a few customers"

Holding that a single incident of actual confusion at a meeting was de minimis and insufficient to support a finding of a likelihood of confusion

Holding that infringement could be based on defendant's insertion of unidentified banner ads on C-user's search-results page

Holding that the "critical element" is "use of another firm's mark to capture the markholder's customers and profits" and quoting Checkpoint with approval

Holding that the failure to make formal findings of fact may be excusable error where the facts are uncontroverted

Holding that the Pennsylvania trademark dilution statute continued to require a showing of actual dilution after the Lanham Act was revised to include likelihood of dilution

Holding that the transfer of a domain name, as opposed to an injunction on its use, was inappropriate where the plaintiff established trademark infringement but failed to establish a violation of the Anticybersquatting Consumer Protection Act, citing 15 U.S.C. § 1125(d)(C)

Holding that recoverable monetary loss may constitute irreparable harm "only where the loss threatens the very existence of the [petitioner's] business"