24 results for 'cat:"Trademark" AND cat:"Jurisdiction"'.
J. Self grants the product seller's motion to dismiss a trademark infringement action brought by the ammunition design company arising from the seller's alleged sale of a product infringing on the "Quik-Shok" mark. The company failed to present evidence supporting the exercise of personal jurisdiction over the Virginia-based seller and has not shown that the seller regularly conducts business in or derives substantial revenue from Georgia. Only two of the seller's 5,300 orders were sold to Georgia residents and neither order was for the allegedly infringing product. The company also failed to show that any transaction occurred between the seller and the manufacturer of the infringing product at a Georgia trade show.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: April 23, 2024, Case #: 5:23cv512, NOS: Trademark - Property Rights, Categories: trademark, jurisdiction
J. Desai finds that the district court properly granted summary judgment in favor of a distributor of smoking-related products on its claim to invalidate four of a cannabis company's trademark applications. The distributor alleged that the company infringed its "RAW" mark by selling cannabis products with the mark “Raw Garden.” Under United States Code, when an action involves a claim of infringement on a registered trademark, a district court has jurisdiction to consider challenges to the trademark. "Lack of a bona fide intent to use a mark in commerce is a valid basis to challenge a trademark application." However, in a separately filed memorandum disposition, the district court’s summary judgment ruling is reversed on the distributor's trademark claims and affirmed on the company's counterclaim to cancel the distributor's trademark for unlawful use. Affirmed in part.
Court: 9th Circuit, Judge: Desai, Filed On: April 1, 2024, Case #: 22-16190, Categories: trademark, jurisdiction
J. Williams grants the trademark owner's motion to dismiss counterclaims filed by the infringing competitor, ruling its unfair competition and securities claims fail because there are no allegations of unlawful securities transactions and the claims also deal with the owner's actions in the Japanese market, which are outside the scope of the relevant statute.
Court: USDC Connecticut, Judge: Williams, Filed On: March 25, 2024, Case #: 3:20cv1056, NOS: Trademark - Property Rights, Categories: Securities, trademark, jurisdiction
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J. Anderson adopts the recommendation of the magistrate judge and dismisses the plaintiffs' complaint without prejudice based on a lack of subject matter jurisdiction. The plaintiffs, who owned an online Etsy store where they resold "collectible sports plates," allege violations of the Racketeer Influenced and Corrupt Organizations Act in connection with the defendants' trademark enforcement activities, specifically regarding a 1989 plate depicting former NBA player Kareem Abdul-Jabbar. However, the court concludes that their allegations are implausible.
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: March 5, 2024, Case #: 1:23cv1143, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: trademark, jurisdiction, Racketeering
J. Lake transfers a company's copyright and trademark action against an institute in connection with works and a mark associated with a Buddhist monk to the Central District of California, Western Division. The institute is based in California, and the company fails to show it has the minimum contacts with Texas to establish jurisdiction.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: January 31, 2024, Case #: 4:23cv2812, NOS: Copyrights - Property Rights, Categories: Copyright, trademark, jurisdiction
J. Maddox denies a self-represented citizen’s renewed motion for default judgment, for lack of personal jurisdiction, in his trademark suit against two financial companies that created a cryptocurrency called Dibcoin. The citizen fails to show that the reversal decision arises from a specific Dibcoin transaction, and the trademark registration makes no mention of these transactions. The citizen has 30 days to file a motion for transfer.
Court: USDC Maryland, Judge: Maddox, Filed On: November 3, 2023, Case #: 1:20cv2504, NOS: Trademark - Property Rights, Categories: Securities, trademark, jurisdiction
J. Jordan dismisses the company's trademark infringement suit against the creator of the "Baby Shark" video, which has billions of views on YouTube. The court lacks jurisdiction over the video creator, which is based in South Korea and "has no business presence in Texas whatsoever."
Court: USDC Eastern District of Texas , Judge: Jordan, Filed On: October 6, 2023, Case #: 4:22cv368, NOS: Trademark - Property Rights, Categories: trademark, Unfair Competition, jurisdiction
J. Bress finds that the district court improperly dismissed a trademark declaratory judgment action brought by a plant-based meat substitute manufacturer against a competitor. Both companies use a similar all caps version of the word “IMPOSSIBLE” to market their products. The lower court had jurisdiction over a one-person company run by a self-described “digital nomad" because it previously operated out of California and built its brand and trademarks there. Reversed.
Court: 9th Circuit, Judge: Bress, Filed On: September 12, 2023, Case #: 21-16977, Categories: trademark, jurisdiction
J. Pitman declines to dismiss Yeti Coolers' complaint accusing two sister corporations of selling tumblers that violate Yeti's dress rights. The two corporations "have sold dozens, if not hundreds or thousands, of the infringing tumblers into Texas" through a program called "Fulfillment by Amazon." Most district courts have found that repeated purchases through FBA into a state establishes that state's specific jurisdiction over those products, so the court has jurisdiction in this case.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: July 24, 2023, Case #: 1:23cv79, NOS: Trademark - Property Rights, Categories: trademark, jurisdiction
J. Corker grants the Arizona companies' motion to dismiss this trademark infringement lawsuit brought by a Tennessee company that digitizes physical media for consumers and markets its service with the trademark "Legacybox." The Arizona companies do not have "systematic" contacts with the state, and the allegations do not show that they "purposefully availed themselves of the privilege of acting in Tennessee." Accordingly, they are not subject to jurisdiction.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: June 1, 2023, Case #: 1:22cv210, NOS: Trademark - Property Rights, Categories: trademark, jurisdiction
J. Milazzo grants an unopposed request by an Illinois-based promoter of a dance festival in Amsterdam, dismissing for lack of jurisdiction trademark infringement claims by a music promoter in Louisiana. Although Louisiana residents can interact with the website, there is no evidence that any Louisiana resident “RSVP’d” to the Amsterdam dance event, created an account, or purchased a product. Furthermore, the festival website was advertising an event which occurred in Amsterdam, thousands of miles from Louisiana, and does not target the state of Louisiana, or even the United States, in any way. Additionally, the Fifth Circuit has stated that merely running a website that is accessible in all 50 states, but that does not specifically target the forum state, is not enough to create the “minimum contacts” necessary to establish jurisdiction in the forum state.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: May 5, 2023, Case #: 2:23cv308, NOS: Trademark - Property Rights, Categories: trademark, jurisdiction, Business Practices