Tmt North America, Incorporated v. Magic Touch Gmbh

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing the danger of allowing parties to \us[e] self- serving testimony to gain ownership of trademarks\
• “Requiring strong evidence to establish an assignment is appropriate both to prevent parties from using self-serving testimony to gain ownership of trademarks and to give parties incentives to identify expressly the ownership of the marks they employ.”
• “We tend towards ... [a] flexible approach [that] allows licensors to rely at least somewhat on the reputation and expertise of licensees.”
• “A defense of abandonment . . . result[s] in the loss of trademark rights against the world.” (citations omitted)
• “[T]rademark law creates a presumption that, in the absence of an assignment of trademark rights, a foreign manufacturer retains all rights to a trademark even after licensing the use of the trademark to an exclusive U.S. distributor.”
• “Since the purpose of a trademark, whether federally registered or unregistered, is to designate the origin of goods, the infringement of such a trademark is actionable under section [1125(a) ], provided the other requirements of the section are met.”

Source: CourtListener parenthetical corpus (CC0).