352 results for 'nos:"Trademark - Property Rights"'.
J. Du grants the former attorney for the Chinese fireworks company's motion to compel arbitration. The attorney had knowledge of the company's use of common law trademarks and secured registration of those marks for a company owned by his mother in order to sue the Chinese company to benefit his own fireworks company. Though the Chinese company argues that the attorney’s motion practice, including multiple motions to dismiss, demonstrates that he has acted inconsistently with the right to arbitrate, it does not argue whether any of the motions seek a judicial determination on key merits. The arbitration agreement is valid, and the company has not met its burden to demonstrate a waiver.
Court: USDC Nevada, Judge: Du , Filed On: May 17, 2024, Case #: 2:23cv1232, NOS: Trademark - Property Rights, Categories: Arbitration, Trademark
J. Méndez-Miró grants the corporate petroleum franchisor's motion for default judgment. The franchisor is the lessee and sub-lessor of the parcel of land and gasoline service station for which it is exclusively authorized and licensed to use the TOTAL gasoline products brand. The franchisee and owner of the land on which the gas station sits claims entitlement to operate pursuant to a purported lease executed without the franchisor's consent, transferring its rights and obligations to a third party. The franchisor never consented to the transfer, and the transferee's use of its brand logos is an infringement. The transferee has also failed to operate the gas station, and this constitutes dilution by tarnishment.
Court: USDC Puerto Rico, Judge: Méndez-Miró, Filed On: May 16, 2024, Case #: 3:19cv1935, NOS: Trademark - Property Rights, Categories: Property, Trademark, Contract
J. Vera grants default judgment to the doctor for his complaint that the British company tried to patent specimens with the doctor's "ChildLife" marks, which he uses for his nutritional supplements containing vitamins, minerals and antioxidants to address health issues among children. Default judgment is appropriate because the British company and its owner did not appear or participate in this action, and they neither contested nor submitted controverting evidence about ownership or validity.
Court: USDC Central District of California, Judge: Vera, Filed On: May 15, 2024, Case #: 2:21cv3463, NOS: Trademark - Property Rights, Categories: Evidence, Trademark
J. King grants Brooks Sports' motion to join Lloyd IP as a necessary party to Puma SE's complaint alleging that Brooks Sports infringed on Puma's "NITRO" mark used for footwear. Brooks Sports sufficiently contends that Lloyd IP is the true owner of the mark and that Puma is just a licensee without rights to sue, and it is better to make that conclusion by including Lloyd IP in the lawsuit than by keeping it out of it.
Court: USDC Western District of Washington, Judge: King, Filed On: May 13, 2024, Case #: 2:23cv116, NOS: Trademark - Property Rights, Categories: Trademark
J. Merkl grants, in part, the parties’ motions to seal their respective motions for summary judgment in a trademark infringement lawsuit over the sale of Fossil-brand watches. The court seals information deemed trade secrets or confidential, including where certain watch parts are fabricated, while preserving any information that the court will use to analyze their claims.
Court: USDC Eastern District of New York, Judge: Merkl, Filed On: May 9, 2024, Case #: 1:20cv2441, NOS: Trademark - Property Rights, Categories: Trade Secrets, Trademark
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J. Rosenthal finds that Nike can recover a portion of their request for attorney fees for a dismissed trademark infringement claim over the company’s use of the term “Ballin.” The claimant who brought the original claim against Nike did not act with animus, rather he believed, albeit falsely, that he held trademark ownership over the commonly used term. Nike easily obtained dismissal, so its request for $570,000 in attorney fees is excessive, and the court instead grants Nike $25,000.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: May 8, 2024, Case #: 3:22cv103, NOS: Trademark - Property Rights, Categories: Trademark, Attorney Fees
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. Lipman grants in part an apartment company’s motion for sanctions of judgment and permanent injunction against the pro se defendant in this suit alleging defamation, negligence per se and violations of Tennessee’s Consumer Protection Act. Judgment is granted for the apartment company, and a permanent injunction is issued with limitations that ensure that the individual defendant’s “First Amendment rights are protected.”
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: May 6, 2024, Case #: 2:23cv2186, NOS: Trademark - Property Rights, Categories: Civil Procedure, Sanctions, Defamation
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
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. 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. 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. 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. 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. 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