354 results for 'nos:"Trademark - Property Rights"'.
J. Seybert preserves a trademark infringement lawsuit against a canned produce seller for its use of the “Backyard Food” trademark in connection with the sale of pickled food products. The court rules the litigant’s almost six-year delay in bringing suit does not warrant dismissal because it requires additional fact-finding analyses, which are generally recommended on a motion to dismiss.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: February 26, 2024, Case #: 2:22cv4342, NOS: Trademark - Property Rights, Categories: Trademark
J. Campbell dismisses a materials science technology company's motion for preliminary injunction concerning trademark claims against a factory and former business associate in Asia. The factory and business associate sufficiently showed in court that it did not infringe on the company's plastic lined trays and lids when it accepted applications for new products, which were not based on the technology company's prototypes.
Court: USDC Arizona, Judge: Campbell, Filed On: February 26, 2024, Case #: 2:24cv93, NOS: Trademark - Property Rights, Categories: Evidence, Trademark, Contract
J. Lin awards Dutch Blitz Acquisition $193,200 in statutory damages in its and Amazon's complaint that the sellers sold counterfeits of Dutch Blitz's products on Amazon's website. The award is appropriate, because the sellers intentionally sold counterfeit versions of Dutch Blitz's products and misused its trademarks, thus depriving Dutch Blitz of sales and causing customer confusion.
Court: USDC Western District of Washington, Judge: Lin, Filed On: February 26, 2024, Case #: 2:21cv159, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Underhill grants the employer's motion for a temporary restraining order, ruling it will suffer irreparable harm if the former employee is allowed to make further social media posts following her termination and creation of a competing business. Therefore, she will be barred from posting any information related to local entertainment and "family fun" directed at parents in her area.
Court: USDC Connecticut, Judge: Underhill, Filed On: February 23, 2024, Case #: 3:24cv192, NOS: Trademark - Property Rights, Categories: Trademark, Contract
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J. Kato grants default judgment to the streetwear company for its complaint that the manufacturer manufactured products bearing marks confusingly similar to the streetwear company's "Sp5der" mark. The streetwear company sufficiently alleges its claims for trademark counterfeiting and infringement of its registered trademarks, because the manufacturer's products are nearly identical to the streetwear company's and are likely to cause consumer confusion.
Court: USDC Central District of California, Judge: Kato, Filed On: February 23, 2024, Case #: 2:23cv3327, NOS: Trademark - Property Rights, Categories: Trademark
J. Lynn grants, in part, a beauty supplier's motion for judgment as a matter of law in a hair extension-maker's trademark case against it. There is no evidence to support the jury's $1.3 million damages award for the supplier's breach of the parties' settlement agreement, and there is also no support for the hair extension-maker's unfair competition claim.
Court: USDC Northern District of Texas , Judge: Lynn, Filed On: February 22, 2024, Case #: 3:20cv2179, NOS: Trademark - Property Rights, Categories: Trademark, Unfair Competition, Damages
J. Beeler finds in favor of Peloton in a trademark dispute brought by the owner of the "Bike+" fitness app that claimed Peloton's new "Peloton Bike+" products infringed on their marks. The owners of the Bike+ app have done very little marketing and the products offered by Peloton, which tend to use more brick-and-mortar stores, are notably different than anything offered by Bike+, so there is little likelihood of confusion between the two marks.
Court: USDC Northern District of California, Judge: Beeler, Filed On: February 16, 2024, Case #: 3:21cv3202, NOS: Trademark - Property Rights, Categories: Trademark
J. Rodriguez denies one nonprofit’s efforts to disqualify another, related nonprofit’s counsel in a convoluted dispute over trademark claims between two groups that split off from each other and have since “found themselves ensnared in litigation repeatedly.” The suing nonprofit made a number of arguments for disqualification, including saying the lawyer possessed confidential information and was a necessary witness in the case, but the group does not “specifically identify any disclosed information,” and the group’s arguments that he is a witness are “dubious at best.”
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: February 14, 2024, Case #: 5:23cv1307, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark
J. Robart dismisses Amazon's false advertising claim accusing the listed seller of selling counterfeit Nite Ize STEELIE products on Amazon's platform by using both his own name and several pseudonyms. Amazon does not plausibly allege that the listed seller is liable under this claim, because Amazon does not allege that the listed seller made false statements in their commercial advertisements to influence consumers or to compete with Amazon.
Court: USDC Western District of Washington, Judge: Robart, Filed On: February 12, 2024, Case #: 2:19cv990, NOS: Trademark - Property Rights, Categories: Trademark, False Advertising
J. Starr denies, in part, a former employee's motion for summary judgment on a motorsports company's trade secrets and other claims. There are questions of fact regarding the company's claims for unfair competition, breach of contract and trade secret misappropriation, among others.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: February 6, 2024, Case #: 3:21cv2180, NOS: Trademark - Property Rights, Categories: Employment, Trade Secrets, Contract
J. Liburdi grants a Korean television distributor's motion for default judgment against a luggage seller on claims of copyright infringement. The TV distributor sufficiently showed in court that the luggage seller is using its trademark and domain names without permission.
Court: USDC Arizona, Judge: Liburdi, Filed On: February 6, 2024, Case #: 2:23cv1819, NOS: Trademark - Property Rights, Categories: Trademark
J. Hernandez denies the Argil DX's sole member's motion for summary judgment for the Stored Communication Act and invasion of privacy counterclaims brought by the co-founder of Axeno Consulting, as the sole member accuses the four executives of Axeno of wrongfully using the "Argil DX" trademark. While there is little evidence that the co-founder intended to keep his business emails private from the sole member, which would make the latter accessing them excusable, there is not enough evidence to prove that the sole member had sufficient permission to do so.
Court: USDC Oregon, Judge: Hernandez, Filed On: February 1, 2024, Case #: 3:21cv621, NOS: Trademark - Property Rights, Categories: Evidence, Trademark
J. Wood denies a Chinese e-commerce platform Wanfan’s motion to dismiss an underlying trademark suit brought against it by an Australian toy company. The Australian company claims in the underlying suit that the Chinese platform sold multicolored cubes, infringing the Australian company’s own trademarked, multicolored cube toys. Wanfan calls the suit “frivolous” and seeks dismissal based on lack of personal jurisdiction, improper venue and insufficient service of process. The court disagrees on all fronts, finding Wanfan was properly served, that it has no basis to argue over venue, and that the Australian company “has had sufficient contacts with the United States to support personal jurisdiction over [the Chinese platform’s] federal claims.”
Court: USDC Northern District of Illinois, Judge: Wood, Filed On: January 29, 2024, Case #: 1:23cv2330, NOS: Trademark - Property Rights, Categories: International Law, Trademark, Business Practices
J. Carter denies the lawn games manufacturer's motion to exclude the mischaracterization of its trade dress, which concerns the lawn games manufacturer's lawsuit that the outdoor games products company's TP White Connect 4 game infringes the lawn games manufacturer's Four In a Row game. The outdoor games company present facts that sufficiently question the functionality of elements of the lawn games manufacturer's definition of its trade dress.
Court: USDC Central District of California, Judge: Carter, Filed On: January 24, 2024, Case #: 8:19cv523, NOS: Trademark - Property Rights, Categories: Evidence, Trademark