Mealey's Trademarks
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March 03, 2023
Panel Upholds Patent, False Advertising Rulings By Delaware Federal Judge
WASHINGTON, D.C. — A denial by a federal judge in Delaware of judgment as a matter of law (JMOL) that two patents directed to caller ID are infringed was affirmed by the Federal Circuit U.S. Court of Appeals, along with a grant of JMOL in favor of the defendant, which was also accused of false advertising.
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March 03, 2023
Citing Patent Precedents, Virginia Federal Judge Rejects Trademark Manual Challenge
ALEXANDRIA, Va. — Efforts by an unsuccessful trademark applicant to seek judicial review were turned away by a Virginia federal judge, who agreed with the U.S. Patent and Trademark Office (PTO) that administrative remedies in the dispute have not been exhausted.
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March 02, 2023
U.S. Company Appeals Cancellation Of Trademarks In Cuban Cigar Dispute
ALEXANDRIA, Va. — An American cigar company recently filed an appeal in Virginia federal court seeking the reversal and vacatur of a Trademark Trial and Appeal Board (TTAB) decision canceling its trademarks in favor of Cuba’s state-owned tobacco company, which the American company says is precluded from challenging the trademarks after it brought similar claims 26 years ago that were rejected.
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March 01, 2023
California Federal Judge Won’t Enjoin Franchisees From Trademark Use
LOS ANGELES — A bid by a franchisor for an ex parte temporary restraining order (TRO) barring its former franchisees from using the “LeanFeast” trademark was denied by a federal judge in California, who said evidence of irreparable harm is lacking.
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March 01, 2023
Trade Dress Claims Dismissed In Texas, With Leave To Amend
HOUSTON — A dispute over fitness equipment was partly dismissed with prejudice by a federal judge in Texas, who said allegations of unfair competition, conversion, tortious interference and unjust enrichment are preempted and cannot be repleaded.
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February 28, 2023
Panel Affirms Dismissal Of Tortious Interference Suit Against Insurer’s Counsel
CHICAGO — The Seventh Circuit U.S. Court of Appeals on Feb. 27 affirmed a federal court’s dismissal of an insured’s tortious interference lawsuit against its insurer’s outside counsel, in-house counsel and supervisor, finding that the insured twice failed to overcome the attorneys’ conditional privilege from tortious interference lawsuits.
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February 28, 2023
Jack Daniel’s Opposes MPA Arguing In High Court Trademark Parody Suit
WASHINGTON, D.C. — In a Feb. 27 opposition brief, Jack Daniel’s Properties Inc. asks the U.S. Supreme Court to deny a motion by the Motion Picture Association Inc. (MPA) to participate in oral argument on March 22, arguing that the association, which filed one of 24 amicus curiae briefs in the dispute over the application of trademark law to parodies, would not represent any argument not covered by the parties or the United States, which also seeks to participate in oral argument.
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February 28, 2023
In Minnesota Trademark Case, Defendant Wins Preliminary Injunction
MINNEAPOLIS — An infringement counterclaimant was awarded a preliminary injunction on Feb. 27, with a Minnesota federal judge ordering declaratory judgment plaintiffs to cease using the words “server” and “lift” or “lifter” in immediate sequence on their websites.
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February 28, 2023
U.S. Will Participate At Upcoming Arguments In Trademark Case
WASHINGTON, D.C. — In its Feb. 27 order list, the U.S. Supreme Court granted a request by the United States to participate in March 21 oral arguments in a dispute over the extraterritorial application of federal trademark law.
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February 24, 2023
New York City, FDNY Enjoined From Using ‘MSOC’ Trademarks
BROOKLYN, N.Y. — A federal judge in New York on Feb. 23 granted a rescue paramedic’s request for a preliminary injunction barring New York City and Fire Department of New York (FDNY) from using the “MSOC” and “Medical Special Operations Conference” trademarks.
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February 21, 2023
N.Y. Federal Magistrate Recommends $10M Award In Trademark, Contract Row
NEW YORK — A defaulting breach of contract and trademark infringement defendant should pay a health care company more than $10 million in connection with the parties’ dispute over cosmetic microneedle technology, a federal magistrate judge in New York recommended Feb. 17.
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February 17, 2023
‘WallStreetBets’ Creator Sues Reddit For Suspending Him In Alleged Trademark Row
SAN FRANCISCO — An investor and entrepreneur sued online forum host Reddit Inc. and accused it of violating California’s unfair competition law (UCL) and other statutes by banning him from moderating a forum he created on its platform, “WallStreetBets,” and allegedly infringing his proposed trademark of the forum’s name.
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February 15, 2023
Trademark Dispute Over LED Micro Lights To Proceed In Washington
SEATTLE — Citing the parties’ “starkly different views” on a likelihood of confusion, a federal judge in Washington on Feb. 14 denied a plaintiff’s bid for summary judgment on allegations of trademark infringement.
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February 14, 2023
United States Asks To Argue In High Court Trademark Extraterritoriality Suit
WASHINGTON, D.C. — Citing a “substantial interest” in the outcome of a dispute over extraterritorial application of U.S. trademark laws, the United States filed a motion with the U.S. Supreme Court, seeking to participate in March 21 oral arguments and suggesting that the government’s views “would materially assist the Court in its consideration of this case.”
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February 13, 2023
9th Circuit: Standing Lacking At Bench Trial Over Trademark Validity
SAN FRANCISCO — A federal judge in California wrongly proceeded to a bench trial on common-law trademark validity after granting a declaratory judgment plaintiff a summary judgment of noninfringement, the Ninth Circuit U.S. Court of Appeals held Feb. 10.
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February 13, 2023
Disney To Supreme Court: ‘Lots Of Hugs’ Bear Trademark Suit Doesn’t Merit Certiorari
WASHINGTON, D.C. — A toy company’s 11-year-old lawsuit alleging infringement of its stuffed animals’ trademark by a movie character does not belong before the U.S. Supreme Court, Disney Enterprises Inc. says in a brief opposing certiorari, asserting that the Ninth Circuit U.S. Court of Appeals properly dismissed the lawsuit by applying Rogers v. Grimaldi.
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February 10, 2023
$4M Intellectual Property Fee Not Triggered, 11th Circuit Affirms
ATLANTA — The 11th Circuit U.S. Court of Appeals upheld a Florida federal judge’s rejection of breach of contract claims by an appellant that argued that it was entitled to a $4 million payment when jointly developed intellectual property was included in a reverse triangular merger.
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February 10, 2023
N.Y. Appeals Court Affirms Damages Award In Insurers’ Spat Over Insured’s Defense
NEW YORK — A New York appeals court on Feb. 9 affirmed a lower court’s $684,516.81 judgment in favor of an insurer in its breach of contract lawsuit seeking reimbursement from another insurer for the money it already spent providing their mutual insured a defense in an underlying Lanham Act lawsuit, finding that the defendant insurer “fails to articulate any persuasive basis to disturb” the lower court’s damages award.
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February 09, 2023
NFTs Bearing Birkin Bags Images Deemed Infringing By New York Federal Jury
NEW YORK — A self-described marketing strategist and entrepreneur was found liable for trademark infringement and dilution by a New York federal jury on Feb. 8 for creating and selling digital “MetaBirkins” images that were linked to nonfungible tokens (NFTs), with the jury awarding $133,000 to Hermès International, manufacturer and owner of the Birkin line of luxury handbags.
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February 06, 2023
Summary Judgment Motions Denied In Trademark Suit Over Birkin Bags NFTs
NEW YORK — A month after issuing an order denying cross-motions for summary judgment in a trademark infringement suit centering on nonfungible tokens (NFTs) bearing images of designer Birkin handbags, a New York federal judge issued an opinion on the eve of trial explaining that the motions were denied because genuine issues of dispute exist as to factors such as the artistic relevance of the images and free speech rights under the First Amendment to the U.S. Constitution.
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February 06, 2023
Request For Dismissal Of Copyright Ownership Counterclaim Denied
TAMPA, Fla. — A dispute over the television series “The Seahunter” will proceed with a declaratory judgment counterclaim for copyright ownership in place, a federal judge in Florida has ruled.
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February 03, 2023
PTO Director Asks High Court To Rule On Whether Famous Names Can Be Trademarked
WASHINGTON, D.C. — Arguing that the Lanham Act bars the registration of celebrities’ and politicians’ names as trademarks, the director of the U.S. Patent and Trademark Office (PTO) filed a petition for certiorari asking the U.S. Supreme Court to provide guidance on whether the denial of such registrations violates the First Amendment to the U.S. Constitution.
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February 02, 2023
Bid By Patent, Trademark Plaintiff For Voluntary Dismissal Denied In Tenn.
KNOXVILLE, Tenn. — A defendant accused of patent and trademark infringement successfully opposed a plaintiff’s motion to dismiss its claims without prejudice on Feb. 1, when a Tennessee federal judge agreed that the plaintiff’s purported covenant not to sue is not “unconditional.”
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February 01, 2023
Panel: False Advertising Claim Over Christmas Trees Properly Dismissed
NEW YORK — Allegations that Whole Foods Market Inc. falsely advertised balsam fir Christmas trees as Fraser firs fail where a plaintiff is unable to identify any false labels affixed to the trees in question, the Second Circuit U.S. Court of Appeals ruled.
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January 30, 2023
In New Jersey Copyright, Trademark Litigation, Defendant Prevails In Part
TRENTON, N.J. — Allegations of copyright infringement leveled in connection with a book that teaches piano to beginners will not proceed, a federal judge in New Jersey ruled, because the accused books do not qualify as derivative works.