353 results for 'nos:"Trademark - Property Rights"'.
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
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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
J. Hood finds for a national fraternity organization in claims contending a local chapter used its trademark despite entry of a cease and desist order following rescission of insurance coverage as precipitated by the admission of ineligible female members, as the local chapter continued to identify itself with the national organization despite failing to make efforts to remove female members.
Court: USDC Eastern District of Michigan, Judge: Hood, Filed On: March 31, 2024, Case #: 2:20cv12817, NOS: Trademark - Property Rights, Categories: Trademark
J. Chen dismisses, on jurisdictional grounds, all but two defendants in a case regarding the business operations of a startup investment firm and subsequently compels the parties to arbitration solely to determine whether the remaining claims are subject to arbitration. The case involves allegations that the co-owner in a startup investment firm created without his partner’s knowledge a separate firm under a similar name and siphoned off management fees, depriving the litigant of his 50% stake in the company.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 30, 2024, Case #: 2:22cv906, NOS: Trademark - Property Rights, Categories: Arbitration, Trademark, Business Practices
J. Hanen denies summary judgment in a case involving trademark claims between two packaged food companies, where the suing company uses the label name “Daily Delight” and other “delight” phrases, and the sued firm uses the label name “Instant Delight,” which is not one of the suing company’s trademarked phrases. The sued firm says that, because “Instant Delight” is not one of plaintiff’s protected marks, they are entitled to summary judgment, but the suing competitor has presented evidence indicating that customers and vendors confuse the products, so the case can move on for determination at trial.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: March 29, 2024, Case #: 4:21cv2012, NOS: Trademark - Property Rights, Categories: Civil Procedure, Evidence, Trademark
J. Kato finds in favor of the science-based nutritional supplement company for its complaint seeking a declaration that its use of the "Nature's Day" mark does not infringe on the dietary supplement brand's mark. The dietary supplement brand does not present evidence that the company knew that the products using the "Nature's Day" mark caused customer confusion, and the dietary supplement brand did not conduct discovery diligently enough to justify giving it more time to conduct discovery.
Court: USDC Central District of California, Judge: Kato, Filed On: March 29, 2024, Case #: 8:23cv766, NOS: Trademark - Property Rights, Categories: Evidence, Trademark, Discovery
J. Reeves partly grants an honor society’s motion to dismiss counterclaims of defamation and misleading representation filed by a Nevada corporation, claiming they are intentionally misleading students with having similar trademarks. The defamation counterclaim regarding the challenged statements in a press release is dismissed, as well as the tortious interference counterclaim.
Court: USDC Southern District of Mississippi , Judge: Reeves, Filed On: March 29, 2024, Case #: 3:22cv208, NOS: Trademark - Property Rights, Categories: Trademark, Defamation, Business Practices
J. Hall rules in favor of a health supplement supplier on the opposing party’s three counterclaims for breach of contract, fraud and fiduciary duty, finding the defendants fail to provide any substantive evidence that proves the existence of a second agreement between the two parties concerning the ownership of the company’s shares.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 29, 2024, Case #: 2:19cv5637, NOS: Trademark - Property Rights, Categories: Trademark, Contract, False Advertising
J. Marshall grants in part a company's motion for the award of reasonable royalties in a trademark infringement dispute. A jury found in favor of the company for misappropriation of trade secrets and infringement of the company's registered trademark. The court issued a preliminary injunction enjoining the infringer from disclosing the company's trade secrets or marketing or selling the infringing implant. For the misappropriation of trade secrets claim and a doctor's breach of the non-disclosure agreement, $5.7 is awarded as a reasonable royalty, $11.5 million in exemplary damages, and $1 million for the counterfeit mark claim.
Court: USDC Central District of California, Judge: Marshall, Filed On: March 28, 2024, Case #: 2:20cv3503, NOS: Trademark - Property Rights, Categories: Trade Secrets, Trademark
J. Hanks finds that an electric golf cart company using the name Trojan, which is registered trademark of a battery company, has infringed on the battery company’s trademark, so the court awards it over $9 million in infringer profits. The battery company has shown evidence that customers do confuse the two separate products.
Court: USDC Southern District of Texas, Judge: Hanks, Filed On: March 28, 2024, Case #: 4:21cv3075, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark, Damages
J. Borman grants a protective order in trademark infringement claims by requiring that initial disclosures, responses to discovery requests, deposition testimony, and exhibits remain confidential during the proceedings.
Court: USDC Eastern District of Michigan, Judge: Borman, Filed On: March 28, 2024, Case #: 2:23cv13149, NOS: Trademark - Property Rights, Categories: Trademark, Discovery, Privilege
J. Nye grants a roofing company's motion for default judgment regarding allegations that a competitor began operating under the same name, which has led to marketplace confusion and lost business, as well as customer complaints to the roofing company from dissatisfied consumers who worked with the competitor. The roofing company sent a cease and desist letter to the competitor to stop using the trademarked name, but the competitor has not stopped. The roofing company has sufficiently stated a claim for trademark infringement and unfair competition, and has demonstrated that it will suffer irreparable injury in the absence of an injunction. The company is granted $8,386 in costs and fees and the competitor is permanently enjoined from using the trademarked name.
Court: USDC Idaho, Judge: Nye, Filed On: March 26, 2024, Case #: 4:23cv310, NOS: Trademark - Property Rights, Categories: Trademark, Unfair Competition
J. Bashant grants a joint motion to seal filed by the online pharmacy and its competitor in a trademark case. The parties may redact portions of an expert report that contain patient information or sensitive business information. Also, the parties can redact the contact information of their customers in their exhibits, as providing such information could give competitors an advantage by being able to market to the customers.
Court: USDC Southern District of California, Judge: Bashant, Filed On: March 25, 2024, Case #: 3:21cv1305, NOS: Trademark - Property Rights, Categories: Trademark, Discovery
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
J. Lasnik finds that the Kona coffee farmers and sellers proved that Kroger's Kivu Kona blend coffee products did not comply with a settlement agreement at certain stores, so they are entitled to the gross profits received from the bulk sales of those products.
Because Kroger cured the other alleged breaches within 90 days of the notices, no claims can be brought or damages awarded regarding those alleged breaches.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: March 25, 2024, Case #: 2:19cv290, NOS: Trademark - Property Rights, Categories: Trademark, Enforcement Of Judgments, Class Action
J. Silva grants the Austrian and Indiana-based irrigation system manufacturer's motion to dismiss this trademark infringement suit. The Nevada-based irrigation systems manufacturer fails to allege it continuously or deliberately exploited the Nevada market by its use of a similar trademarked name at an irrigation association convention in Las Vegas.
Court: USDC Nevada, Judge: Silva , Filed On: March 25, 2024, Case #: 2:22cv232, NOS: Trademark - Property Rights, Categories: Agriculture, Trademark
J. Williams denies the trademark owner's motion for sanctions, ruling the infringing company provided documents requested after its initial discovery responses were insufficient, while the owner provides no support for its claim the documents are unusable or not what it requested following the first round of discovery.
Court: USDC Connecticut, Judge: Williams, Filed On: March 25, 2024, Case #: 3:20cv1056, NOS: Trademark - Property Rights, Categories: Sanctions, Trademark, Discovery