441 results for 'cat:"Trademark"'.
J. Rosenthal finds that a law firm’s claims over a lawyer referral service’s practice of diverting the law firm’s prospective clients toward the referral service by purchasing the law firm’s business name and other business marks on the Google search engine can proceed against the referral service but not against an individual employee of the service. The law firm has not provided sufficient evidence of the employee’s personal involvement. A motion to dismiss the claims against the individual employee is granted without prejudice and the law firm is granted leave to amend its complaint.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: May 6, 2024, Case #: 4:23cv4643, NOS: Trademark - Property Rights, Categories: Tort, trademark, Business Practices
J. Locke declines to sever and stay a patent infringement claim from a patent, false advertising and trademark complaint against three Germany-based companies alleging they manufactured, imported and sold infringing dental adhesive mixing devices, finding several factors weigh against severance. The court further grants the competitors’ motion to stay the full case pending resolution of the litigant’s appeal challenging the Patent Trial and Appeal Board’s decision, which found several aspects of the underlying patent unenforceable.
Court: USDC Eastern District of New York, Judge: Locke, Filed On: May 3, 2024, Case #: 2:22cv6613, NOS: Patent - Property Rights, Categories: Patent, trademark, False Advertising
Per curiam, the circuit finds that the district court properly dismissed trademark infringement claims contending Thom Browne used product markings resembling sneaker giant adidas' three-stripe logo. Adidas contends the jury instructions did not sufficiently focus on consumer confusion before and after sales, rather than at the point of sale, but prejudicial error had not occurred since the court emphasized the affected periods multiple times. Furthermore, testimony from an adidas expert on branding was properly blocked because his methodology was deemed unreliable in surveying the opinions of "fashionistas on the web." Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 3, 2024, Case #: 23-166, Categories: Jury, trademark, Experts
J. Dorsey denies the fruit and vegetable supplement manufacturer's motion for a preliminary injunction halting the sale of a company's supplements. The manufacturer accuses the company of copying its trade dress and seeks relief for violations of Nevada common law. Though Nevada has not recognized a common law trade-dress claim or articulated a standard, analysis under the federal Lanham Act reveals little likelihood of success on the claims. The labels are not particularly similar, and selling such supplements as a set and placing a brand name on the top center of a bottle is not unique.
Court: USDC Nevada, Judge: Dorsey , Filed On: May 2, 2024, Case #: 2:23cv2051, NOS: Trademark - Property Rights, Categories: Commerce, trademark, Business Practices
J. Flanagan denies one faction of a high school’s alumni association’s motion for an extension of time in an already-lengthy trademark infringement case it brought against a second faction. The first faction has repeatedly gone against court procedures by entering multiple amendments to their complaints without permission and refusing to hire new counsel after their first attorney withdrew. Also, the second faction’s motion to dismiss is granted.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: May 1, 2024, Case #: 5:23cv321, NOS: Trademark - Property Rights, Categories: Civil Procedure, trademark
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J. Lourie finds that a manufacturer of a hair products was properly granted judgment in trademark claims concerning the "#TODECACHO" mark because the company sufficiently pleaded a likeliness of confusion.
Court: Federal Circuit, Judge: Lourie, Filed On: April 30, 2024, Case #: 2023-1142, Categories: trademark
J. Pepper enters a default judgment in favor of the vape pen manufacturer in its lawsuit against the smoke shop accused of selling counterfeit vaporizers bearing the manufacturer's trademarks. The manufacturer has done enough to prove its Lanham Act claims, but its claim for $200,000 in statutory damages is excessive, so it will be awarded $20,000 plus $497 in costs.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: April 30, 2024, Case #: 2:23cv1018, NOS: Trademark - Property Rights, Categories: trademark, Damages
J. Hunt grants the defendant Chinese e-commerce platform’s motion to dismiss a trademark complaint brought by the plaintiff Chinese fitness equipment manufacturer. The equipment manufacturer owns the trademark for “FitBeast,” displayed on its grip strengtheners, and claims the defendant has helped counterfeiters sell knock-off FitBeast products on its platform. The court finds the plaintiff has not sufficiently alleged these claims.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: April 29, 2024, Case #: 1:23cv2793, NOS: Trademark - Property Rights, Categories: Commerce, trademark, Business Practices
J. Lin grants Amazon default judgment for its complaint that the sellers sold counterfeit products bearing the grill manufacturing company's trademark. Amazon and the grill manufacturing company will face prejudice without default judgment, because the sellers did not appear or participate in this litigation despite being personally served. Also, the grill manufacturing company presents a sufficient trademark case, because it alleges that it owns the "Weber" trademark that the sellers used without authorization.
Court: USDC Western District of Washington, Judge: Lin, Filed On: April 26, 2024, Case #: 2:21cv1512, NOS: Trademark - Property Rights, Categories: trademark
J. Merchant grants a motion in limine and excludes a tenured law professor from St. John’s University School of Law as an expert witness in a trademark lawsuit concerning a dispute over the MED-AIRE brand of medical mattresses. The court finds a report he authored for the case relates to straightforward matters regarding trademark law that a jury can understand without the assistance of an expert.
Court: USDC Eastern District of New York, Judge: Merchant, Filed On: April 26, 2024, Case #: 2:22cv1272, NOS: Trademark - Property Rights, Categories: trademark, Experts
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. Pregerson grants in part Nike's motion for attorney fees in a trademark dispute. A company alleged that Nike and Nordstrom infringed upon its stylized “N” design in their “Nordstrom x Nike” collaboration. The court found that the company owner "misled by omission" his relationship with another party, who turned out to be his mother, and that the relationship was significant regarding proof of the sale of branded products during the relevant period. The company was ordered to pay attorney fees for the discovery misconduct. Days before the scheduled ESI investigation, the company owner alleged that all devices that were scheduled to be searched had been stolen from his car. Nike seeks "full" attorney fees, arguing that the case is "exceptional" due to the discovery misconduct. Nike is awarded $1,491,634 in attorney fees and costs.
Court: USDC Central District of California, Judge: Pregerson, Filed On: April 19, 2024, Case #: 2:21cv398, NOS: Trademark - Property Rights, Categories: trademark, Discovery, Attorney Fees
J. Talwani grants in part a former company president’s motion for judgment as a matter of law against his former company, which successfully sued him for breach of fiduciary duty, breach of contract, misappropriation of trade secrets, trademark infringement and false designation. There wasn’t enough substantial evidence before the jury to determine that the former president improperly obtained meeting minutes from the company.
Court: USDC Massachusetts, Judge: Talwani, Filed On: April 19, 2024, Case #: 1:20cv10926, NOS: Trademark - Property Rights, Categories: Trade Secrets, trademark, Fiduciary Duty
J. Robertson denies social and emotional education companies’ motion to stay resolution of cross-motions for summary judgment pending further discovery. The curriculum developer filing for partial summary judgment against the companies was wrong not to provide certain emails during non-expert discovery, but the companies fail to show why they can’t oppose the developer’s partial motions for summary judgment without further discovery.
Court: USDC Massachusetts, Judge: Robertson, Filed On: April 16, 2024, Case #: 3:19cv30032, NOS: Trademark - Property Rights, Categories: Education, trademark, Discovery
J. Walker finds that the district court improperly granted a preliminary injunction barring New York City from using the phrase "medical special operations" in conferences organized for first-responders, as sought by the rescue paramedic who initially brought the idea to the city after he parted ways with organizers. The paramedic had registered the phrase with the patent office, but the phrase was merely descriptive.
Court: 2nd Circuit, Judge: Walker, Filed On: April 16, 2024, Case #: 23-325-cv, Categories: trademark
J. Rosenthal finds that a tequila producer using the brand “Casa Azul” is not liable for trademark infringement against another producer selling its products under the brand “Clase Azul.” The producer of the “Clase Azul” brand has not shown that the name is well known, rather the brand’s blue and white hand painted bottle is its most widely recognized trademark. It is unlikely that the two brands would be confused because the “Casa Azul” bottle is not similar. All claims are denied.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: April 15, 2024, Case #: 4:22cv2972, NOS: Trademark - Property Rights, Categories: trademark, Injunction
J. Quattlebaum finds the lower court properly granted summary judgment to the United States Patent and Trademark Office. The creators of TImberland boots sought to register certain features from the design of its popular boot under the Lanham Act as trade dress. The law prohibits the registration of product designs that have not acquired a distinctive meaning identifying the product with its maker in the minds of the consuming public, including Timberland boots. Affirmed.
Court: 4th Circuit, Judge: Quattlebaum, Filed On: April 15, 2024, Case #: 23-1150, Categories: Patent, trademark, Agency
J. Lin grants Amazon default judgment on all claims but the false advertising claim in its complaint alleging that the sellers sold counterfeit Amazon Fire TV remotes on Amazon's online marketplace. Amazon proves that the sellers violated its trademark by selling counterfeit Amazon Fire TV remotes bearing Amazon's Smile trademark, which is likely to cause confusion among consumers.
Court: USDC Western District of Washington, Judge: Lin, Filed On: April 12, 2024, Case #: 2:23cv1060, NOS: Trademark - Property Rights, Categories: trademark
J. Stadtmueller finds the lower court properly entered default judgment against a wholesaler, as evidence is sufficient to show it was served notice and did not defend this patent and trademark infringement action. The tool designers are entitled to statutory damages, attorney fees and costs, and equitable relief as they have established the wholesaler is liable for patent infringement, trademark infringement, false designation of origin, and trade dress infringement relating to a roof climbing tool, but the instant court dismisses the tool designers’ claim of unfair competition. Affirmed in part.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: April 12, 2024, Case #: 2:23cv1526, NOS: Patent - Property Rights, Categories: Patent, trademark, Damages
J. Menendez affirms the magistrate judge's protective order, and overrules the auto company's objections. The protective order, which excluded the auto company's in-house counsel and paralegal from seeing certain materials, was not clearly erroneous or contrary to law.
Court: USDC Minnesota, Judge: Menendez, Filed On: April 12, 2024, Case #: 0:22cv1681, NOS: Trademark - Property Rights, Categories: Civil Procedure, trademark
J. Cogburn grants a pool products manufacturer’s motion for a temporary restraining order against a competitor in this ongoing trademark infringement case. A jury found in favor of the manufacturer, awarding it over $4.9 million for the competitor’s violations. Because of the manufacturer’s success at trial and likelihood it would be irreparably harmed financially without a restraining order, the competitor’s assets are frozen to prevent it from evading paying the manufacturer’s damages.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: April 11, 2024, Case #: 3:20cv710, NOS: Trademark - Property Rights, Categories: Corporations, trademark, Restraining Order
J. Vatti denies the beauty products company's motion to compel, ruling that because it does not claim the products sold by the online retailer are counterfeit and the source of the products are irrelevant to any of its other claims under the Lanham Act, it is not entitled to an order requiring the retailer to disclose the source of the products sold on its website.
Court: USDC Connecticut, Judge: Vatti, Filed On: April 9, 2024, Case #: 3:23cv1038, NOS: Trademark - Property Rights, Categories: trademark, Discovery
J. Bastian grants the clothing company default judgment for its complaint alleging that the beauty school opened with a mark similar to the clothing company's "Zara" trademark. "ZARA" is a famous and valuable brand that the clothing company owns, and the beauty school continues to infringe on that trademark even after the clothing company filed its complaint.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: April 8, 2024, Case #: 2:23cv46, NOS: Trademark - Property Rights, Categories: trademark