Mealey's Trademarks
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November 25, 2024
Contempt Finding In Dispute Over ‘JUST’ Mark For Food Affirmed By 9th Circuit
SAN FRANCISCO — A California federal judge was correct to find a defendant food company in contempt and impose sanctions against it after it repeatedly failed to adhere to the terms of a settlement agreement in a trademark dispute involving its use of the capitalized word “JUST” in connection with multiple products, a Ninth Circuit U.S. Court of Appeals panel held.
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November 22, 2024
Judge Dismisses ‘Summer House’ Trademark Dispute After Parties’ Stipulation
AUSTIN, Texas — Months after the Fifth Circuit U.S. Court of Appeals held that a Texas federal judge misapplied the summary judgment standard in a trademark dispute between two hospitality companies over the phrase “Summer House,” the judge dismissed the case, citing the parties’ stipulation of dismissal.
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November 20, 2024
Judge: Singer’s Estate Tried Too Late To Toss Labels’ Contract Counterclaims
LOS ANGELES — A California federal judge denied a motion from the plaintiff estate of a late singer to dismiss a breach of contract counterclaim from defendant record labels in a dispute stemming from copyrights and trademarks associated with the singer’s work and likeness, holding that the motion was untimely brought.
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November 19, 2024
1st Circuit Affirms Injunction Denial In Lizzie Borden Trademark Fight
BOSTON — A First Circuit U.S. Court of Appeals panel said a Massachusetts federal judge was correct to deny a motion for a preliminary injunction in a trademark dispute brought by a paranormal tour company that owns the location of two grisly 1800s murders against a nearby coffee shop and its owner for allegedly infringing marks associated with the murder, agreeing with the judge that the company failed to prove a likelihood of success.
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November 18, 2024
Judge Tosses ‘Tipsy’ Trademark Tiff For Lack Of Personal Jurisdiction
LOS ANGELES — A federal judge in California granted a New York wine store’s motion to dismiss a California beverage store’s complaint alleging infringement of a trademark on the word “tipsy,” holding that the plaintiff company failed to show that the New York company could have foreseen any harm in California.
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November 15, 2024
Magistrate Suggests Limited Injunction In Trademark Row Between Grocery Companies
COLUMBUS, Ohio — A federal magistrate judge in Ohio recommended that a discount grocery company’s petition for a preliminary injunction in a trademark infringement suit it brought against a grocery chain operator selling its products should be granted in part, holding that some, but not all, of the products bearing the plaintiff company’s trademarks should not be sold in the story while proceedings continue.
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November 15, 2024
Judge: No Injunction, Dismissal For False Endorsement Complaint
ST. PAUL, Minn. — A federal judge in Minnesota denied a plaintiff online influencer’s petition for a preliminary injunction against a defendant media company’s use of his image to allegedly falsely imply an endorsement, but the judge also denied the company’s request to dismiss a punitive damages claim and strike certain allegations from the complaint.
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November 14, 2024
Divided 9th Circuit Affirms OpenAI Trademark Ruling
SAN FRANCISCO — The conclusion that OpenAI Inc.’s mark acquired a secondary meaning prior to the release of its ChatGPT and DALL-E 2 and prior to being used by a different company is not “clearly erroneous,” a majority of a Ninth Circuit U.S. Court of Appeals panel said Nov. 13 in affirming an injunction for OpenAI, with the dissent writing that confusion evident in the ruling requires remand.
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November 14, 2024
6th Circuit: Man’s Reverse Domain-Hijacking Claims Against FedEx Fail
CINCINNATI — A federal judge in Tennessee committed no error when dismissing a Bulgarian citizen’s trademark infringement action against Federal Express Corp. (FedEx), saying that the man failed to plead facts necessary to support his “reverse domain-name hijacking claim,” the Sixth Circuit U.S. Court of Appeals held, saying that the man’s arguments fail because one of his “gripe” websites critical of FedEx was never taken down.
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November 14, 2024
9th Circuit: Counterclaim In Trademark Row Filed Too Late
SAN FRANCISCO — A California federal judge did not err when granting summary judgment in a trademark infringement dispute between two companies over their use of the marks XTREME and INFINITY in connection with audio speakers, a Ninth Circuit U.S. Court of Appeals panel held, agreeing with the judge that the concept of laches applied.
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November 13, 2024
Magistrate Recommends Injunction Against Alleged Louis Vuitton Counterfeiters
MIAMI — A federal magistrate judge in Florida recommended granting a designer handbag company’s motion for a preliminary injunction against three online retailers, holding that the company adequately substantiated its claim that the online stores violated its trademarks by selling counterfeited products.
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November 07, 2024
For 3rd Time, Judge Rejects Injunction Request In Film Fest Trademark Row
NEW YORK — A federal judge in New York on Nov. 6 denied a motion for reconsideration for his rejection of a preliminary injunction in a trademark dispute brought by the owner of a South Asian film festival in New York against the owner of another South Asian film festival in both Texas and New York, marking the third time that the judge has rejected a preliminary injunction in the case.
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November 07, 2024
Medical Company Can’t Get Defendant’s Ankle Monitor Data In Trademark Dispute
NEW YORK — A federal magistrate judge in New York said that a plaintiff pharmaceutical company in a trademark counterfeiting dispute is not entitled to have ankle monitor data from a defendant who was convicted of federal fraud counts, holding that granting the request would allow a non-government agency years of surveillance data, which would amount to a massive violation of the man’s constitutional rights.
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November 06, 2024
Winning Firm In Data Breach Arbitration Waives Response To Res Judicata Cert Petition
WASHINGTON, D.C. — A company that experienced a 2019 data breach, which led to a canceled business agreement, a trade secret lawsuit and an arbitration in which it prevailed, waived its right to respond to a petition for certiorari in which its former client asks the U.S. Supreme Court to weigh in on when a court should decide the preclusive effect of a judgment on a related arbitration.
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November 06, 2024
AI Company Opposes Bid For Summary Judgment In Sci Fi-Based Name Battle
NEW YORK — Defendants asked a federal judge in New York for leave to file a motion for summary judgment in a trademark infringement case, saying their health care-based product is nothing like the plaintiff’s artificial intelligence and specialized microchip company. But in a motion to strike, the plaintiff said potential confusion among consumers is a fact-intensive analysis and that the court should strike the defendants’ pre-motion letter and deny the relief.
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November 04, 2024
U.S. Supreme Court Rejects Trademark Claims From Search Engine Operator
WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 4 said it will not consider whether the 10th Circuit U.S. Court of Appeals was wrong to affirm a Colorado federal judge’s rejection of arguments that Bank of America Corp. (BofA) infringed on an unregistered trademark related to the name “Erica” in relation to computer applications.
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November 04, 2024
Supreme Court OKs Government Participation In Trademark Arguments
WASHINGTON, D.C. — The United States government will be allowed to participate in oral argument as an amicus curiae 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, the U.S. Supreme Court said in a Nov. 4 order.
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October 31, 2024
Judge: Mattel Owed Damages For Chinese Stores’ Fake UNO Cards
NEW YORK — Holding that a recent U.S. Supreme Court ruling on the extraterritoriality of certain portions of the Lanham Act does not apply, a federal judge in New York on Oct. 30 entered more than $400,000 in damages against Chinese companies that toy and game manufacturer Mattel Inc. said infringed on its trademarks and copyrights related to the card game UNO.
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October 28, 2024
Federal Judge Dismisses Last Count In Butter Trademark Row At Plaintiff’s Request
NEW YORK — A New York federal judge granted a plaintiff food company’s request to voluntarily dismiss a New York state law claim for trade dress dilution against a defendant food company it accused of infringing on the packaging of competing Irish butter brands after previously granting the defendant company’s motion for summary judgment as to all other counts.
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October 24, 2024
9th Circuit: Law Firm’s Online Ad Keywords Don’t Infringe On Competitor’s Name
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals affirmed an Arizona federal judge’s finding that a defendant law firm’s purchasing of a competitor’s trademark in Google keyword ads was not trademark infringement, agreeing that the plaintiff law firm failed to establish a likelihood of confusion caused by the ads; a judge on the panel issued a concurring opinion arguing that the Ninth Circuit should reconsider the relevant case law.
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October 22, 2024
Real Estate Company: High Court Must Affirm $43M Disgorgement In Trademark Case
WASHINGTON, D.C. — A real estate company in an Oct. 22 brief urged the U.S. Supreme Court to affirm the Fourth Circuit U.S. Court of Appeals’ decision affirming a $43 million disgorgement award entered in its favor in a trademark infringement dispute with an entity it said infringed upon its marks, arguing that the Lanham Act empowers a court to “consider all competent evidence, including profits of affiliated entities when relevant.”
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October 22, 2024
Formula 1 Team Owner Takes Trademark Row With Team Member To 9th Circuit
LOS ANGELES — The Ninth Circuit U.S. Court of Appeals issued a docket number for a motor vehicle parts company’s appeal of a California federal judge’s holding that a former member of the company’s Formula 1 team and his publisher did not infringe on the company’s trademarks by including photos with the company’s logo in a book about the man’s time in F1.
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October 22, 2024
Code Publisher Appeals Injunction Denial For Copyright Claim To 3rd Circuit
PHILADELPHIA — A publisher of technical standards for several industries on Oct. 21 appealed to the Third Circuit U.S. Court of Appeals a Pennsylvania federal judge’s denial of the publisher’s request for a preliminary injunction against a company it claims posted copies of the plaintiff company’s codes online without permission in violation of copyrights.
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October 17, 2024
1st Circuit Won’t Reconsider Order Of New Trial In Copyright Case
BOSTON — The First Circuit U.S. Court of Appeals on Oct. 16 rejected a guitar seller’s petition for rehearing or rehearing en banc, leaving in place a First Circuit panel’s July opinion ordering a new trial in a New Hampshire federal court on claims that the company infringed on a guitar manufacturer’s photo of guitar headstocks by uploading the photo to its own website.
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October 17, 2024
Judge Says Cuban Company’s Counterclaim In Rum Mark Row Barred By Statute
WASHINGTON, D.C. — A federal judge in Washington granted a motion from Bacardi & Co. Ltd. and its American subsidiary to dismiss a Cuban rum company’s counterclaim in a 20-year-old dispute over the mark HAVANA CLUB, agreeing with Bacardi that the Cuban company was barred from bringing the claim because the mark was confiscated from it.