Before Newman, Lourie, and Prost. Appeal from the United States District Court for the District of Massachusetts. Summary: A trademark is entitled to a statutory presumption of validity even if the ...
The US Court of Appeals for the Federal Circuit upheld a “narrow” preliminary injunction in a trade dress case, finding that the opponent of a registered configuration mark failed to prove its lack of ...
“The presumption of validity is not conditional; the statute provides that a certificate of registration ‘shall’ result in the presumption, without specifying any exceptions…. Sunset fails to identify ...
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