This is the new MLex platform. Existing customers should continue to use the existing MLex platform until migrated.
For any queries, please contact Customer Services or your Account Manager. Dismiss

Trademark cross-appeals by US-based BillFloat, Collins Cash rejected by Ninth Circuit panel

( July 1, 2024, 19:56 GMT | Official Statement) -- MLex Summary: In a trademark dispute between two financial services companies, the US Court of Appeals of the Ninth Circuit said it was not an abuse of discretion to admit into evidence a consumer survey that failed to include a separate control group. That and other "challenges to methodology and design” singled out by appellant BillFloat Inc. “are precisely the kind of claimed deficiencies that go to the weight of the evidence, not its admissibility,” a three-judge panel found. In the same ruling, the panel addressed a cross-appeal by Collins Cash, who prevailed before a jury but was denied an award of attorney fees by a California federal judge. Again affirming, the court said BillFloat’s failed trademark infringement claim was “hardly” meritless, and that BillFloat’s litigation conduct did not rise to the kind of “egregious litigation tactics that make a case ‘exceptional’ under the Lanham Act.”See document below....

Prepare for tomorrow’s regulatory change, today

MLex identifies risk to business wherever it emerges, with specialist reporters across the globe providing exclusive news and deep-dive analysis on the proposals, probes, enforcement actions and rulings that matter to your organization and clients, now and in the longer term.


Know what others in the room don’t, with features including:

  • Daily newsletters for Antitrust, M&A, Trade, Data Privacy & Security, Technology, AI and more
  • Custom alerts on specific filters including geographies, industries, topics and companies to suit your practice needs
  • Predictive analysis from expert journalists across North America, the UK and Europe, Latin America and Asia-Pacific
  • Curated case files bringing together news, analysis and source documents in a single timeline

Experience MLex today with a 14-day free trial.

Start Free Trial

Already a subscriber? Click here to login

Documents

Related Sections