-
March 12, 2024
DENVER — Allegations by a Canadian shoe seller and former patent infringement defendant that it was defamed in a press release by Crocs Inc. that touted a settlement of their longstanding litigation as a “judgment of infringement” were deemed plausible on March 11 by a federal judge in Colorado.
-
March 11, 2024
LOUISVILLE, Ky. — In a March 8 amended ruling entering a consent decree in a sprawling suit over allegations of fraud, trademark counterfeiting and trademark infringement involving captive reinsurance programs, a Kentucky federal judge said he “inadvertently omitted the names of two parties.”
-
March 11, 2024
LAS VEGAS — On the heels of concluding, upon reconsideration, that a defendant did not fairly use “TASER” in connection with its conducted-energy weapon (CEW) refurbishing business, a federal judge in Nevada on March 8 modified her earlier permanent injunction.
-
March 11, 2024
ATLANTA — A Georgia federal judge denied two defense motions asking the court to deem excessive or reduce a $2.3 million jury verdict against them for trademark infringement against a rolling papers company and order a new trial, finding that the jury properly weighed the evidence and that its verdict was proper.
-
March 07, 2024
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on March 6 did not reach allegations by two appellants that the “idea-expression dichotomy” under federal copyright law is unconstitutional, deeming the position waived in view of their failure to raise it before an Oregon federal magistrate judge.
-
March 05, 2024
MINNEAPOLIS — A Minnesota federal judge on March 4 rejected a plaintiff’s claim that a contractual provision directing a distributor to “discontinue use of any and all . . . trademarks” in the event of termination “encompasses an obligation to stop selling” its remaining inventory.
-
March 04, 2024
NEW YORK — On remand from the Second Circuit U.S. Court of Appeals for a second time, a federal judge in New York on March 1 tweaked her earlier preliminary junction but directed a bridal gown company and its former designer to further brief the “issues raised” in a recent appellate decision.
-
February 27, 2024
CHICAGO — In a Feb. 26 opinion, a federal judge in Illinois declined to decide whether, as asserted by two infringement defendants, the term “tribe” cannot be trademarked.
-
February 26, 2024
LOS ANGELES — Although agreeing with NBCUniversal Media LLC (NBCU) that allegations of breach of contract leveled by DeLorean Motor Co. (DMCT) over royalties associated with the use of a modified DeLorean DMC-12 “Time Machine” car in the “Back to the Future” film franchise fail for lack of standing, a federal judge in California said disputes of material fact preclude summary judgment on DMCT’s related trademark infringement claims.
-
February 23, 2024
WASHINGTON, D.C. — Filing a brief in favor of neither party in a dispute over the “Home Chef” trademark, amici curiae comprising “law school faculty and students” urge the U.S. Supreme Court to resolve a circuit split over the proper way to determine when there is a likelihood of confusion between two marks, stressing the importance of having a single national standard on this matter and contending that it should be a deference standard in which juries make such decisions.
-
February 21, 2024
CHICAGO — Citing a plaintiff’s “trend of under-developing arguments” in trademark and copyright litigation over its continuous positive airway pressure (CPAP) filters, a federal judge in Illinois denied summary judgment, finding — among other things — that there is “no case law supporting the proposition that a product itself . . . can constitute a spurious mark for the purposes of establishing a counterfeit.”
-
February 20, 2024
WASHINGTON, D.C. — A federal judge in Texas abused his discretion in preliminarily enjoining a patent and trade dress infringement defendant from operating its trampoline park, the Federal Circuit U.S. Court of Appeals said Feb. 16.
-
February 16, 2024
WASHINGTON, D.C. — A federal judge in Utah correctly rejected on summary judgment a patent and copyright owner’s case in full against a former employee and his new, competing company, the employee and company tell the Federal Circuit U.S. Court of Appeals in an appellee brief.
-
February 16, 2024
WASHINGTON, D.C. — The Trademark Trial and Appeal Board must revisit its finding of no likely confusion between the “Baby Magic” and “Babies’ Magic Tea” trademarks, the Federal Circuit U.S. Court of Appeals concluded Feb. 15.
-
February 15, 2024
HOUSTON — A federal judge in Texas on Feb. 14 rejected as premature allegations that a defendant has violated a stipulated preliminary injunction in a trademark and design patent infringement case by manufacturing and selling a redesigned floating pool chaise.
-
February 15, 2024
SACRAMENTO, Calif. — A federal judge in California denied arbitration and dismissed a Racketeering Influenced and Corrupt Organizations (RICO) Act claim from a putative class complaint accusing a software company of collecting and selling personal data from a budgeting application for smartphones and of using cyberpirated trademarks and other information to entice users to enter their banking information but permitted the app user’s remaining claims under Utah and California law to proceed.
-
February 14, 2024
LOUISVILLE, Ky. — A variety of claims and parties have been dismissed under agreements in a sprawling suit over allegations of fraud, trademark counterfeiting and trademark infringement involving captive reinsurance programs, with a Kentucky federal court permanently enjoining two defendants “from future infringement of Plaintiffs’ trademarks.”
-
February 14, 2024
HOUSTON — After Lloyd’s America Inc. and Corporation of Lloyd’s and the individual they sued over alleged defamation and trademark infringement reported reaching an agreement to resolve the suit, a Texas federal court entered a permanent injunction according to the terms of their agreement.
-
February 14, 2024
WASHINGTON, D.C. — A rule that bars reliance on a P.O. Box address in the broader U.S. Patent and Trademark Office (USPTO) requirement that trademark applicants list domestic counsel was not arbitrarily enforced against a law firm, the Federal Circuit U.S. Court of Appeals said Feb. 13.
-
February 13, 2024
NEW ORLEANS — An appliance outlet operator maintains in its reply brief to the Fifth Circuit U.S. Court of Appeals that there is no evidence that it used the disputed “Appliance Liquidation Outlet” trademark “to identify the origin or sponsorship of its products” and, thus, the infringement claims against it failed and should have been dismissed by the trial court.
-
February 13, 2024
SAN FRANCISCO — A federal judge in California did not abuse his discretion in preliminarily enjoining a defendant from using the “Advanced Tattoo Ink” tag line or “ZUPER BLACK” and “INTENZE” trademarks while litigation over their potential infringement is pending, the Ninth Circuit U.S. Court of Appeals has ruled.
-
February 13, 2024
CINCINNATI — A jury verdict in favor of two trademark plaintiffs and corresponding award of infringer’s profits will not be disturbed, but the jury’s award of punitive damages against defendants on state law unfair competition claims was premised on an incorrect instruction by a Kentucky federal judge, according to the Sixth Circuit U.S. Court of Appeals.
-
February 12, 2024
HOUSTON — Lloyd’s America Inc. and Corporation of Lloyd’s and the individual they sued in Texas federal court over alleged defamation and trademark infringement have reported reaching an agreement to resolve the suit, with terms including entry of a permanent injunction.
-
February 06, 2024
SAN FRANCISCO — OpenAI Inc. submitted what it portrays as an administrative motion to supplement the record but really is a local-rule-breaking attempt at filing a surreply in support of its motion for a preliminary injunction and fails to show the type of confusion the relief it seeks would warrant, defendants in a suit over a trademark and domain name argue in an opposition brief filed in California federal court.
-
February 01, 2024
BIRMINGHAM, Ala. — A federal judge in Alabama on Jan. 31 denied a bid for summary judgment that the first two plans to use the Blue Cross Blue Shield Association (BCBSA) trademarks acquiesced to later use by other plans or engaged in naked licensing of the marks.