Mealey's Trademarks

  • 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.

  • November 21, 2023

    California Trademark Row Won’t Be Stayed During Cancellation Proceedings

    SAN FRANCISCO — A federal magistrate judge in California has denied a bid to stay a declaratory judgment action over the “Karmapoint” trademark while the Trademark Trial and Appeal Board considers a pending request for cancellation.

  • November 17, 2023

    Trek Can’t Persuade Federal Circuit To Undo Trademark Board Ruling

    WASHINGTON, D.C. — Weighing by the Trademark Trial and Appeal Board of the relevant factors for a likelihood of confusion was not erroneous, the Federal Circuit U.S. Court of Appeals has ruled in a blow to Trek Bicycle Corp.

  • November 14, 2023

    Refusal To Register ‘Everybody Vs Racism’ Mark Upheld By Panel

    WASHINGTON, D.C. — A decision by the U.S. Patent and Trademark Office (PTO) Trademark Trial and Appeal Board that upheld a refusal to register “Everybody Vs Racism” pursuant to the “Informational Matter Doctrine” was affirmed Nov. 13 by the Federal Circuit U.S. Court of Appeals, which agreed that the applied-for mark does not act as a source identifier for the applicant’s goods.

  • November 13, 2023

    9th Circuit Upholds Scope Of Relief In Row Over ‘Northpointe’ Mark

    SAN FRANCISCO — A federal judge in Arizona had “an ample basis for finding” that a defaulting defendant’s use of “NorthPointe” would likely cause confusion with a plaintiff’s “Northpointe at Vistancia” trademark, the Ninth Circuit U.S. Court of Appeals has concluded.

  • November 10, 2023

    In IP Litigation Between Pharmacies, Both Sides Lose Daubert Challenges

    SAN DIEGO — A federal judge in California has weighed in on competing motions to exclude expert testimony in a dispute over a compounding pharmacy’s alleged false advertising, unfair competition and copyright infringement, deeming the proposed experts for both sides “duly qualified” to render their opinions, which the judge said are based on “sufficiently reliable” methodologies.

  • November 09, 2023

    Illinois Federal Judge Denies Bid To Execute Infringement Judgment

    CHICAGO — The owner of various copyrights and trademarks associated with the horror film “The Texas Chainsaw Massacre,” which in December 2022 won a $200,000 default judgment in an infringement action, saw its motion to compel execution of that judgment denied Nov. 8 by a federal judge in Illinois, to whom the case was recently reassigned.

  • November 03, 2023

    High Court Wants Furniture Maker’s Response In Trade Dress Secondary Meaning Spat

    WASHINGTON, D.C. — A high-end furniture designer, which prevailed in its trade dress infringement lawsuit against a competitor, has been asked by the U.S. Supreme Court to file a response to the competitor‘s petition for certiorari on the topic of when intentional copying constitutes evidence of secondary meaning and a finding of infringement.

  • November 03, 2023

    Dunkin’ Donuts Settles Infringement Suit Against ‘Vapin’ Donuts’ E-Cig Company

    BROOKLYN, N.Y. — The parent company of the Dunkin’ Donuts chain and an affiliated company filed in New York federal court a joint notice of settlement of claims against an e-cigarette company and its CEO for trademark infringement by using a logo “nearly identical” to that of Dunkin’ Donuts to boost sales of their “Vapin’ Donuts” e-cigarette products.

  • November 01, 2023

    High Court Holds Oral Arguments In ‘Trump Too Small’ Trademark Row

    WASHINGTON, D.C. — In oral arguments before the U.S. Supreme Court on Nov. 1, counsel for the U.S. Patent and Trademark Office (PTO) defended a provision in federal trademark law that bars registrations that incorporate the names of certain public figures.

  • November 01, 2023

    Panel Orders Transfer Of False Advertising, Copyright Claims Against TikTok

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Oct. 31 granted a petition for writ of mandamus by TikTok Inc. and others, agreeing that allegations that the popular video sharing app engages in false advertising and copyright infringement should proceed in California federal court.

  • October 26, 2023

    California Federal Judge Allows Expert In Trademark Dispute Over Shades Of Blue

    SAN FRANCISCO — A California federal judge found that a “color consultant” expert can testify in a dispute over a trademark but ruled that she cannot opine on a likelihood of confusion between the two products.

  • October 24, 2023

    Video Game Companies Argue Whether Supreme Court Ruling Affects ‘Warzone’ Mark Row

    PASADENA, Calif. — In supplemental briefs filed at the behest of the Ninth Circuit U.S. Court of Appeals, two video game companies dispute whether the recent U.S. Supreme Court ruling in Jack Daniel’s Properties Inc. v. VIP Products LLC has any impact on the present reverse confusion trademark dispute pertaining to the “Warzone” mark used by both companies.

  • October 24, 2023

    Rebuttal Witness To Survey Results Ruled Admissible In Trademark Dispute

    SOUTH BEND, Ind. — Forest River Inc., a manufacturer of recreational vehicles, lost its bid to exclude an expert witness retained to rebut conclusions reached by its expert who conducted a consumer survey when an Indiana federal judge found that the expert’s opinions are admissible in the trademark infringement dispute.

  • October 24, 2023

    Motion To Strike Jury Demand In Trademark Row Denied In Pennsylvania

    PHILADELPHIA — A federal judge in Pennsylvania on Oct. 23 addressed the “thorny” question of whether a request for an accounting of profits in connection with allegations of trademark infringement and counterfeiting is strictly equitable, but ultimately found that he need not definitively answer because “many” other claims in the case are legal in nature.

  • October 23, 2023

    Cancellation Of ‘Captain Cannabis’ Trademark Upheld On Appeal

    WASHINGTON, D.C. — The Trademark Trial and Appeal Board’s determination that a pro se petitioner has priority of use of the “Captain Cannabis” trademark in connection with comic books was affirmed by the Federal Circuit U.S. Court of Appeals.

  • October 20, 2023

    Panel:  No Irreparable Harm If Relief Denied In Trademark Dispute

    NEW YORK — A March order by a federal judge in Connecticut that denied a request by two trademark infringement counterclaimants for a preliminary injunction in their row with former sublicensees will stand, the Second Circuit U.S. Court of Appeals ruled Oct. 19.

  • October 19, 2023

    Board Exceeded Authority When Canceling Mark, Divided Panel Concludes

    WASHINGTON, D.C. — A panel majority of the Federal Circuit U.S. Court of Appeals on Oct. 18 reversed and remanded cancellation of the “DANTANNA’S” trademark by the Trademark Trial and Appeal Board, clarifying that the board’s authority to take such action is limited to instances of fraud that occur during registration.

  • October 19, 2023

    On Eve Of Trademark Trial, New Damages Theory By Ford Fails

    DETROIT — An “11th hour” bid by Ford Motor Co. for damages under an unjust enrichment theory in a trademark infringement and trade secret misappropriation dispute with a former business associate failed in Michigan federal court.

  • October 18, 2023

    Michigan Federal Judge Won’t Stay Relief Curtailing Use Of ‘Libertarian Party’

    DETROIT — Writing that various defendants are “free to identify as Libertarians and voice their political opinions but may not engage in trademark infringement,” a federal judge in Michigan denied a request to stay a preliminary injunction she entered in August while the defendants challenge the relief before the Sixth Circuit U.S. Court of Appeals.

  • October 18, 2023

    New York Federal Judge: Injunction Not Warranted In ‘Jolene’ Trademark Row

    NEW YORK — In a dispute between two New York City establishments over the “Jolene” common-law trademark, a federal judge in New York on Oct. 17 denied a request for a preliminary injunction.

  • October 16, 2023

    Supreme Court Grants Certiorari In 2nd Challenge To Chevron Deference

    WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 13 granted a petition for a writ of certiorari in a second case challenging the doctrine of Chevron deference and ordered that it be briefed on a schedule allowing argument “in tandem” with a pending case pertaining to the same issue, both of which involve challenges to regulations that require fishing vessels to pay federal monitors.

  • October 16, 2023

    High Court Denies Petition Against Sony Over Trademark Rights In Celebrity Personas

    WASHINGTON, D.C. — The U.S. Supreme Court denied a petition for certiorari in which the executor of a deceased actor’s estate asks the U.S. Supreme Court to find that a celebrity owns trademark rights in his or her persona under the Lanham Act, as part of a lawsuit for violation of California’s unfair competition law (UCL) against Sony Pictures Entertainment Inc. based on usage of the actor’s persona in a Quentin Tarantino film.

  • October 06, 2023

    Counterclaim Over Ad Statements Dismissed In Trademark Litigation

    DETROIT — A dispute between competitors in the energy drink industry will proceed without a counterclaim for false advertising, a federal judge in Michigan ruled.

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