352 results for 'nos:"Trademark - Property Rights"'.
J. Dorsey denies the fruit and vegetable supplement manufacturer's motion for a preliminary injunction halting the sale of the other manufacturer's supplements. The company accuses the other company of copying its trade dress and seeks relief for violations of Nevada common law. Though Nevada hasn’t recognized a common-law trade-dress claim or articulated a standard, the court's analysis under the federal Lanham Act reveals little likelihood of success on the claims. The labels aren't 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. 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
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
J. Horan finds that a health care management company’s failure to produce court ordered documents in an underlying trademark case brought by a group of hospital emergency rooms is not excusable just because the company says it faced technical difficulties retrieving the documents. The limited number of documents that the company failed to produce are of specific and central importance to the case suggesting an attempt to evade the court’s order to produce. The court grants sanction measures requested by the emergency rooms.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: April 8, 2024, Case #: 3:23cv891, NOS: Trademark - Property Rights, Categories: Sanctions, Trademark, Attorney Fees
J. Walton grants the music festival operators' motion for a preliminary injunction preventing continued organization of live music events under the name "Moechella" in and around Washington D.C. The festival operators have shown that they have valid trademarks for "Coachella," "Chella" and other related marks, that the use of "Moechella" is likely to cause confusion, and that they are likely to suffer irreparable harm absent an injunction.
Court: USDC District of Columbia, Judge: Walton, Filed On: April 4, 2024, Case #: 1:23cv288, NOS: Trademark - Property Rights, Categories: Trademark, Injunction
J. Lake finds the use of the name of a defunct musical group by two former members of the group in a new iteration of the band, featuring a new third member, was not an unauthorized use. However, their request for attorney fees is denied because the plaintiff, the band’s former third member, did not conduct their infringement case against the new group in an unreasonable manner.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: April 4, 2024, Case #: 4:21cv3942, NOS: Trademark - Property Rights, Categories: Trademark, Attorney Fees
J. Trauger denies the Starstruck Entertainment defendants' motion for summary judgment in this lawsuit brought by a land owner seeking to challenge the cancellation of his trademark registration for the word mark "Starstruck Farm," in connection with a piece of land that was allegedly previously owned by Reba McEntire and her then-husband Narvel Blackstock. Starstruck Entertainment, which was founded by the couple, is now "operated by Blackstock alone," and the associated trust holds a trademark registration for the word mark "Starstruck." The Starstruck Entertainment defendants, which are no longer affiliated with McEntire, have shown "some evidence that is supportive of cancellation," but the court concludes that there are issues of fact precluding summary judgment.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 2, 2024, Case #: 3:23cv44, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark