Mealey's Trademarks

  • January 12, 2024

    Appellant: Dismissal Of Patent, Copyright, Lanham Act Claims Was Error

    WASHINGTON, D.C. — A patent owner is seeking reinstatement of its lawsuit against a former employee and his new company, asserting in an appellant brief filed with the Federal Circuit U.S. Court of Appeals that a Utah federal judge wrongly construed “positioned between” and “formed between” in relation to a claimed air gap in the steel core of a buckling-restrained brace (BRB).

  • January 10, 2024

    Panel Reinstates Unfair Competition Claim, Opens Door To Trade Dress Claim

    NEW YORK — A dispute over alleged knock-off coats was revived Jan. 9 by the Second Circuit U.S. Court of Appeals, which said that although the owners of the fashion label Mackage cannot assert trade dress infringement and dilution by a defendant, their claim of common-law unfair competition was wrongly dismissed by a New York federal judge.

  • January 09, 2024

    Early Challenge To Validity Of ‘Beverly Hills Hotel’ Trademark Rebuffed

    LOS ANGELES — Allegations made in a motion to dismiss that “Beverly Hills Hotel” is aesthetically functional and thus unprotectable as a trademark have been rejected by a federal judge in California.

  • January 08, 2024

    High Court Won’t Weigh In On Trade Dress Row Between Furniture Companies

    WASHINGTON, D.C. — Several months after requesting a response from a high-end furniture designer and trade dress owner, the U.S. Supreme Court on Jan. 8 denied a petition for a writ of certiorari in the case, which posed the question of when intentional copying constitutes evidence of secondary meaning and warrants a finding of infringement.

  • January 08, 2024

    Pet Brush Maker May Subpoena Meta To Obtain Online Counterfeiters’ Identities

    SAN FRANCISCO — A group of website operators accused of selling and advertising counterfeit goods lost their bid to quash a discovery subpoena on Meta Platforms Inc., with a California federal judge finding that the plaintiff demonstrated that good cause exists to obtain the defendants’ identifying information for the purpose of serving them with its complaint for intellectual property infringement and unfair competition.

  • January 05, 2024

    Caesars Wins Dismissal Of ‘Suite Series’ Trademark Infringement Claims

    LOS ANGELES — A federal judge in California has granted a motion by Caesars Entertainment Inc. to dismiss allegations that it infringed a common-law trademark, rejecting a plaintiff’s claim that its use of “Suite Series” in a 2018 press release qualifies it as trademark owner.

  • January 03, 2024

    Challenge To Trademark Validity Survives Dismissal Bid In Hair Product Row

    SEATTLE — A federal judge in Washington has denied a motion by a plaintiff to dismiss a declaratory judgment counterclaim by Bosely Inc., a provider of hair loss treatments, that a federal trademark registration for “ADVANCED HAIR RESTORATION” is invalid.

  • January 02, 2024

    Injunction Denied In ‘Flora’ Cannabinoid-Infused Beverage Case

    CHICAGO — A plaintiff that makes a cannabinoid-infused beverage under the “Flora” trademark must litigate its common-law infringement claim against a competitor without a preliminary injunction in place, a federal judge in Illinois has ruled.

  • January 02, 2024

    N.Y. Federal Judge: Dispute Over ‘Air Jordan,’ ‘Dunk’ Trade Dress Will Proceed

    NEW YORK — A bid for dismissal has been denied by a federal judge in New York, who said a November 2022 complaint by Nike Inc. adequately identifies not only the trade dress associated with its famed “Air Jordan I” and “Dunk” sneakers but also which elements were allegedly copied by a defendant.

  • January 02, 2024

    Panel: Right To Bench Trial On Disgorgement Waived In Trademark Case

    NEW YORK — The Second Circuit U.S. Court of Appeals will not undo a jury’s award of $1.6 million in disgorged profits in a trademark case, agreeing with a New York federal judge that an infringement defendant waived its right to a bench trial.

  • December 22, 2023

    In Delaware, Dispute Over ‘Ugliest House’ Mark Will Continue

    WILMINGTON, Del. — A federal judge in Delaware on Dec. 21 adopted the recommendation of a Delaware federal magistrate judge that Warner Bros. Discovery Inc. must face allegations of trademark infringement and trademark dilution leveled in connection with the HGTV show “Ugliest House in America.”

  • December 22, 2023

    Florida Federal Judge Tosses Trademark Claims By Hospice Provider

    FORT MYERS, Fla. — Several groups devoted to ensuring access to abortion care for women in Texas on Dec. 21 won dismissal of allegations that they infringe a hospice provider’s trademark, with a Florida federal judge concluding that the case fails on jurisdiction grounds.

  • December 21, 2023

    In Copyright, Trademark Row, Judge Allows Fourth Amended Complaint

    SAN FRANCISCO — A federal judge in California on Dec. 20 ruled that a third amended complaint (TAC) seeking cancellation of two trademarks adequately pleads that the underlying applications contained false and misleading information but failed to provide “sufficient factual context” that the applicants knew or had reason to believe that their registrations were procured by fraud.

  • December 13, 2023

    New York Federal Judge: Copyright, Trademark Claims Barred By Res Judicata

    NEW YORK — Allegations by a plaintiff that a beekeeping supply company, its owners, operators and others infringed his copyrighted advertising text and made unauthorized references to his trademark while advertising a competing product were dismissed Dec. 12 by a federal judge in New York, who adopted a 2019 report and recommendation for the same by a New York federal magistrate judge.

  • December 12, 2023

    Restaurants Voluntarily Dismiss Claims Accusing Grubhub Of Providing Faulty Info

    DENVER — A motion for voluntary dismissal filed by restaurants that accused Grubhub Inc. in a putative class complaint of deceiving consumers by offering faulty information regarding restaurants that did not partner with it was granted by a federal judge in Colorado.

  • December 07, 2023

    Opposition To Trademark Application Correctly Rejected, Panel Rules

    WASHINGTON, D.C. — The Trademark Trial and Appeal Board did not err in finding that confusion was unlikely to result from the use of “VÉRITÉ DU TERROIR” in connection with “wines made from grapes from Côtes de Provence” and “VÉRITÉ” in connection with “alcoholic beverages except beers,” the Federal Circuit U.S. Court of Appeals has affirmed.

  • December 06, 2023

    In Appeal Involving Vans Trademarks And Trade Dress, Injunction Upheld

    NEW YORK — Writing that “the central issues” presented in an appeal by a trademark infringement defendant of a temporary restraining order (TRO) and preliminary injunction “are governed” by a recent U.S. Supreme Court decision, the Second Circuit U.S. Court of Appeals on Dec. 5 upheld the relief entered by a New York federal judge.

  • December 01, 2023

    Law Firm Tells 9th Circuit Rival’s Use Of Mark In Keyword Ad Was Infringing

    SAN FRANCISCO — Asking the Ninth Circuit U.S. Court of Appeals to reverse a lower court’s summary judgment finding that a competitor’s use of its trademark in a Google keyword advertisement did not infringe, an Arizona law firm in its appellant brief expressed its concern that if the judgment is permitted to stand, it will “severely erode the ability of trademark holders to protect against the misuse of their marks online.”

  • November 30, 2023

    No Coverage Owed For Breach Of Franchise Agreement, Trademark Infringement Claims

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals affirmed a lower federal court’s ruling in favor of insurers in an insured’s breach of contract and bad faith lawsuit seeking coverage for an underlying action alleging that it breached a franchise agreement and infringed on trademarks, finding that some of the underlying claims “clearly fell outside the policy's coverage” and that the policy’s intellectual property (IP) exclusion also barred coverage.

  • November 29, 2023

    Panel Upholds Denial Of Fees For Jaegermeister In Dispute Over ‘Kühl’ Mark

    DENVER — Less than three months after affirming a grant of summary judgment in favor of Mast-Jaegermeister US Inc. (MJUS) on allegations that the spirits maker infringed the “kühl” trademark, the 10th Circuit U.S. Court of Appeals on Nov. 28 also upheld a decision that the case does not qualify as exceptional, rendering MJUS not entitled to an award of attorney fees.

  • November 28, 2023

    New York Federal Judge Tosses Trademark Claims In ‘Surf Lodge’ Spat

    WASHINGTON, D.C. — Although a second amended complaint (SAC) by the owners and operators of “The Surf Lodge” in Montauk, N.Y., adequately state a claim for false designation of origin against a former business associate, their allegations of trademark infringement and dilution must be dismissed, a federal judge in New York concluded Nov. 27.

  • November 27, 2023

    Hawaii Federal Judge: Accused Use Of ‘Skydive Hawaii’ Mark Is Fair

    HONOLULU — Although ordering additional briefing on a claim for breach of settlement agreement, a federal judge in Hawaii on Nov. 22 granted a defense motion to dismiss allegations of trademark infringement leveled over the use of “Skydive Hawaii” in connection with a Hawaii-based skydiving business.

  • November 27, 2023

    Panel:  Trademark Board Ruling Departed From Established Waiver Practice

    WASHINGTON, D.C. — The Federal Circuit U.S. Court Appeals on Nov. 22 rejected a joint motion by two parties to vacate a decision by the Trademark Trial and Appeal Board that sustained opposition to the “Get Ordained” trademark in two classes of services in light of their subsequent settlement of parallel district court litigation.

  • November 27, 2023

    Lloyd’s And U.S. Subsidiary File Trademark Infringement, Defamation Lawsuit

    HOUSTON — Two entities connected with “an insurance and reinsurance market that is the most famous brand in the insurance underwriting field” have filed a suit in Texas federal court asserting claims including defamation and trademark infringement against an individual and a corporation and LLC they say he registered in Texas and California.

  • November 22, 2023

    In Florida Trademark Row, Federal Infringement Claim Survives Bid To Dismiss

    MIAMI — A federal judge in Florida said that because a counterclaimant has not received a state trademark registration, its allegation of common-law infringement would be dismissed; in the same ruling, the judge denied dismissal as it relates to federal trademark infringement.

Can't find the article you're looking for? Click here to search the Mealey's Trademarks archive.