Mealey's Trademarks
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January 15, 2025
Ozempic Maker Sues Seller Of Compounded Drugs, Alleging Trademark Infringement
ATLANTA — The manufacturer of Ozempic, Wegovy and Rybelsus sued a weight-loss center in Georgia that sells and promotes compounded drug products that purport to contain semaglutide for false advertising and trademark infringement in a Georgia federal court.
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January 14, 2025
AI Voice Cloning Company, Voice Actors Brief Motion To Dismiss
NEW YORK — Responding to an artificial intelligence company’s contention that voice actors’ claims were time-barred and suffered from other defects, two named class action plaintiffs told a federal judge in New York that they own the rights to their voices and that the ongoing use of cloned voices sold under different names places the case within the applicable time frame.
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January 10, 2025
Judge: Defendants Don’t Show Invalidity Of Baby Bag Trade Dress, Copyright
MIAMI — A federal judge in Florida dismissed counterclaims brought by two companies accused of trade dress and copyright infringement by the maker of baby carrier products, holding that the defendant companies failed to show that the plaintiff company’s trade dress or copyright were invalid.
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January 09, 2025
Judge Finds Probiotic Infant Product Patent Claims To Be Invalid
CHICAGO — A federal judge in Illinois granted summary judgment in favor of a defendant biopharmaceutical company accused of infringing on two patents related to probiotic products for infants, holding that the relevant claims of the patents were anticipated by prior art references.
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January 09, 2025
Company Must Produce Witness’ Lawsuit Funding Evidence In OpenAI Trademark Case
SAN FRANCISCO — A company locked in a suit with OpenAI Inc. over trademark infringement must produce documents related to a nonparty witness who is an investor and is funding the company’s defense as the evidence goes to his credibility and bias, a federal magistrate judge in California said Jan. 8. In a second order the court granted OpenAI additional time to depose the company’s founder.
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January 09, 2025
Judge: Bar’s Arbitration Arguments In Trademark Fight With Chicago Cubs Fail
CHICAGO — A federal judge in Illinois refused to dismiss a trademark infringement complaint brought by the Chicago Cubs Baseball Club LLC against a bar that overlooks Wrigley Field and its owner, alleging that the bar defendants knowingly falsely promote the business as a partner with the baseball team; the judge held that the bar defendants could not hinge their dismissal motion on an argument related to arbitration.
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January 07, 2025
Color Of Hip Implants Functional, Not Trademarkable, Federal Circuit Says
WASHINGTON, D.C. — The U.S. Trademark Trial and Appeal Board (TTAB) was correct to cancel trademarks owned by an artificial hip parts manufacturer, a panel in the Federal Circuit U.S. Court of Appeals held, saying that the pink color of the relevant parts is a functional element referenced in the company’s now-expired patent.
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January 06, 2025
Split 9th Circuit Panel Revives Authors’ Trademark Suit Over Film Name
SAN FRANCISCO — A split Ninth Circuit U.S. Court of Appeals panel reversed a California federal judge’s decision to dismiss trademark claims brought by co-authors of a book called “Gringo” against makers of an otherwise unrelated film bearing the same name, with the majority holding that the co-authors plausibly alleged the likelihood of confusion between the works.
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January 06, 2025
9th Circuit Holds Equity Shares Aren’t ‘Goods’ Under Lanham Act
SAN FRANCISCO — A partly split Ninth Circuit U.S. Court of Appeals panel affirmed a California federal judge’s dismissal of an American legal services website company’s trademark infringement suit against a similarly named Japanese legal software company beginning to sell equity shares to American investors, holding that selling equity does not meet the Lanham Act’s criteria of the sales of goods and services.
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January 03, 2025
9th Circuit Affirms $56 Million Trademark Award Against Molson Coors
SAN JOSE, Calif. — A panel in the Ninth Circuit U.S. Court of Appeals affirmed a California federal jury’s entry of a $56 million award against the Molson Coors Beverage Co. USA LLC in a trademark dispute commenced by a craft brewery that alleged that the beer giant infringed on its trademark related to the word “stone.”
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January 02, 2025
Rap Producer Appeals Dismissal Of Trademark Suit To 2nd Circuit
NEW YORK — A producer of rap music appealed to the Second Circuit U.S. Court of Appeals a New York federal judge’s decision to dismiss with prejudice his copyright and trademark claims stemming from a dispute over ownership of intellectual property associated with a seminal hip-hop group; the judge held that the producer failed to show that the relevant trademark was valid.
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December 23, 2024
No Error In Jury’s Trademark Damages, 7th Circuit Says
CHICAGO — A Seventh Circuit U.S. Court of Appeals panel said a federal judge in Illinois committed no error in allowing the question of punitive damages in a trademark infringement case involving identically named nutritional supplement products to go to jurors, who entered a combined total $900,000 in punitive damages against the defendant company and its two principals.
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December 18, 2024
9th Circuit Affirms Rejection Of Counterclaims In Aviation Trademark Dispute
SAN FRANCISCO — A Nevada federal magistrate judge did not err when it struck an airplane manufacturer’s request for a jury trial and denied it relief on its counterclaims against an airplane charter company of trademark infringement and other causes of action, a Ninth Circuit U.S. Court of Appeals panel held Dec. 17.
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December 13, 2024
Judge: Oil Company Can Remove Infringing Signage From Gas Station In Contempt
PHILADELPHIA — An oil and gasoline company will be allowed to remove and paint over signage at a Philadelphia gas station after a Pennsylvania federal judge held the gas station in contempt for failing to comply with a permanent injunction ordering the company remove signs bearing the oil company’s trademarks.
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December 12, 2024
Va. Federal Judge Rules On Admissibility Of Dueling Trademark Valuation Experts
ALEXANDRIA, Va. — A federal judge in Virigina ruled that an expert retained by a company suing its competitor for trademark infringement will provide testimony beyond the scope of a juror and denied a defense motion to exclude the testimony but found that a competing expert failed to properly explain his methodology for his conclusions and granted the plaintiff company’s motion to exclude in part.
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December 12, 2024
Judge Enters Stipulated Injunction, Judgment In ‘MARS’ Trademark Dispute
LOS ANGELES — A federal judge in California entered a permanent injunction against defendant entities in a trademark dispute over the word mark “MARS,” the day after they filed a joint request with the plaintiff advertising agency for a stipulated judgment.
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December 12, 2024
California Drink Shop Appeals Dismissal Of Trademark Complaint
LOS ANGELES — A plaintiff beverage store based in California and its owner appealed to the Ninth Circuit U.S. Court of Appeals on Dec. 11 a California federal judge’s order dismissing the trademark infringement case it brought against a New York wine store; the judge held that the plaintiff failed to establish personal jurisdiction for the New York shop.
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December 12, 2024
High Court Hears Arguments On Lanham Act Disgorgement Rules
WASHINGTON, D.C. — The U.S. Supreme Court heard arguments on Dec. 11 regarding a Fourth Circuit U.S. Court of Appeals decision affirming a $43 million disgorgement award entered in a real estate company’s favor in a trademark infringement dispute with an entity it said infringed its marks, with the parties sparring over whether the Fourth Circuit and a Virginia federal court were correct to include profits from entities affiliated with the alleged infringer in damages calculations.
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December 06, 2024
Injunction Justified In Energy Drink Trademark Fight, 11th Circuit Says
ATLANTA — An 11th Circuit U.S. Court of Appeals panel said a Georgia federal judge did not err in granting a preliminary injunction in a trademark infringement dispute between two manufacturers of dietary supplements over two alternative spellings of the word “cranked” in relation to energy drink products.
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December 05, 2024
Judge OKs Permanent Injunction Against Distributor In Import Trademark Case
ATLANTA — A Georgia federal judge entered a permanent injunction against a defendant distribution company in a trademark dispute brought by the maker of a drink brand and its exclusive American distributor after the parties entered a stipulation indicating that the defendant company agreed to stop shipping the drink into the country.
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December 04, 2024
Judge: Producer Fails To Show He Owns Rap Group’s Trademarks, Copyright
NEW YORK — A New York federal judge dismissed with prejudice trademark and copyright claims stemming from a dispute over ownership of intellectual property associated with a seminal hip-hop group, with the judge holding that the plaintiff music producer failed to show that the trademark in question was valid, along with multiple other failures.
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December 02, 2024
9th Circuit Tosses Appeal Over ‘MARS’ Word Mark After Dismissal Stipulation
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Nov. 29 dismissed an appeal of a California federal judge’s order that defendant advertising firms begin winding down their use of the word mark “MARS,” after the defendant firms stipulated with a plaintiff advertising firm to the voluntary dismissal of the appeal.
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December 02, 2024
Trademark, Copyright Claims Survive In Boat-Mooring Product Dispute
NEW HAVEN, Conn. — In a trademark and copyright infringement dispute between two competing companies that make boat mooring products, a Connecticut federal judge denied the defendant company’s motion to dismiss the case, holding that the plaintiff company adequately substantiated its claims to survive the motion.
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November 27, 2024
Judge Dismisses ‘Tourism Academy’ Trademark Row After Settlement Agreement
PHOENIX — After a magistrate judge overseeing a settlement conference between parties in a trademark dispute involving the use of the phrase “tourism academy” indicated in a minute entry that they had reached a settlement agreement, an Arizona federal judge ordered the case be dismissed within 45 days unless the parties issue a stipulation of dismissal at an earlier date.
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November 27, 2024
Judge Enters Recommended Injunction Against Alleged Louis Vuitton Counterfeiters
MIAMI — A federal judge in Florida adopted in full a federal magistrate judge’s report and recommendation and granted the injunction requested by a designer handbag company against three online retailers, barring the companies from further sales of the allegedly counterfeited products.