The basic rules for resolving disputes over who is entitled to use a trademark come from decisions by federal and state courts (the common law). These rules usually favor the business that first used the mark where the second use would be likely to cause customer confusion. A number of additional legal principles used to protect owners against improper use of their marks derive from federal statutes known collectively as the Lanham Act (Title 15 U.S.C. §§1051 to 1127). And all states have statutes that govern the use and protection of marks within the state's boundaries.
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Acumed LLC v. Stryker Corp. District court did not abuse its discretion in permanently enjoining defendant from selling its product after jury found willful infringement of plaintiff's valid patent. The court correctly applied the four-factor test for permanent injunctive relief, finding that: 1) plaintiff has suffered irreparable injury; 2) remedies at law were inadequate; 3) balance of hardships warranted issuance of injunctive relief; and 4) the public interest was not harmed by issuance of the permanent injunction, despite defendant's assertion that its infringing product was safer than plaintiff's product.
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In re TS Tech USA Corp. In a patent infringement action relating to pivotally attached vehicle headrest assemblies, petition for writ of mandamus to vacate decision denying petitioner's motion to transfer venue and to direct district court to transfer case to another state is granted where: 1) petitioner met its difficult burden of establishing that the district court clearly abused its discretion in denying transfer of venue to the Southern District of Ohio; and 2) mandamus relief was appropriate.
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