446 results for 'cat:"Trademark"'.
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
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J. Holmes finds that the lower court improperly in part granted summary judgment to Netflix after a photographer claimed that the company used several of his videos in its Tiger King documentary series without his permission. While the photographer has waived his right to appeal most of the videos, there is one video he has a potential claim to make upon. Netflix claims their use of the single video fell under its fair use rights, but in doing so, did not provide any evidence that showed the "absence of a market impact" related to its use of the video. Further proceedings on that sole video copyright claim are needed as a result. Reversed in part.
Court: 10th Circuit, Judge: Holmes , Filed On: March 27, 2024, Case #: 22-6086, Categories: trademark
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. 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
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
Per curiam, the circuit finds that the district court properly declined to find for well-known beer brands Modelo and Corona on trademark claims brought against a U.S. licensee that put their names on non-beer products. Since the license language could be read to extend to beverages that do not use malt or hops in production, summary judgment was not appropriate, and a jury will have to decide whether flavored hard seltzers may carry the names. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 25, 2024, Case #: 23-810-cv, Categories: trademark
J. Gilbert partially grants a number of the sued retailers’ motions for fees and fee itemization. The court orders a monster truck manufacturer, as part of the underlying trademark suits, to pay the defendants more than $14,000 in fees.
Court: USDC Northern District of Illinois, Judge: Gilbert, Filed On: March 21, 2024, Case #: 1:22cv6758, NOS: Trademark - Property Rights, Categories: trademark, Attorney Fees
J. Horan grants, in part, a test prep company's motion for discovery in its case against a competitor for allegedly copying its materials and trade dress. The company has shown limited jurisdictional discovery related to the contacts between the competitor and another party is appropriate.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: March 21, 2024, Case #: 3:23cv447, NOS: Copyrights - Property Rights, Categories: Copyright, trademark, Discovery
J. Ezra partially adopts a report and recommendations and enters judgment in favor of outdoor company YETI in a trademark suit with several other people and brands after YETI said that some its products that were intended for destruction instead ended up at unauthorized resellers across the country. The sale of products bearing YETI’s “famous and distinctive mark” misled consumers into believing they were buying authorized products.
Court: USDC Western District of Texas , Judge: Ezra, Filed On: March 21, 2024, Case #: 1:22cv1337, NOS: Trademark - Property Rights, Categories: Fraud, trademark
J. Arnold finds a lower court properly dismissed a German discount supermarket's trademark claims against competitor Tesco groceries. The German discount supermarket argued that Tesco copied its trademark, which is a blue square with a yellow circle, which has a red ring around it. However. Tesco sufficiently showed in court that its mark does not confuse consumers because it is a blue square with a yellow circle absent of a red ring, which lists "Clubcard Prices," and not its actual logo.
Court: Her Majesty's Court of Appeal, Judge: Arnold, Filed On: March 19, 2024, Case #: CA-2023-1115, Categories: trademark, Unfair Competition
J. Dorsey awards the litigation support company $217,500 in damages in this trademark infringement suit. The infringing company waived its unenforceable penalty defense because of its failure to raise it in a timely manner, which materially prejudiced the other company's ability to obtain and present evidence. The liquidated-damages provision entitles the company to the award.
Court: USDC Nevada, Judge: Dorsey , Filed On: March 19, 2024, Case #: 2:20cv2035, NOS: Trademark - Property Rights, Categories: Evidence, trademark, Damages
J. Beetlestone grants in part Rite Aid’s motion to seal certain portions of the summary judgment record in this trademark dispute with a font maker who alleges the pharmacy used one of its typefaces, Neutraface, in its multi-million dollar corporate rebrand without the maker’s permission. It is reasonable to redact some of RiteAid’s proprietary financial data that was used to weigh this case.
Court: USDC Eastern District of Pennsylvania, Judge: Beetlestone, Filed On: March 18, 2024, Case #: 2:22cv1174, NOS: Trademark - Property Rights, Categories: Evidence, trademark, Business Practices
J. Navarro grants the rolling paper manufacturer's motions for default judgment and permanent injunction on its allegations a competitor misappropriated its packaging design and slogans. The competitor has not filed a response to the allegations, all factors have been considered and default judgment is appropriate. Furthermore, the manufacturer has suffered and will continue to suffer irreparable injury without a permanent injunction.
Court: USDC Nevada, Judge: Navarro , Filed On: March 15, 2024, Case #: 2:22cv1648, NOS: Trademark - Property Rights, Categories: trademark, Injunction
J. Wesley finds that the district court properly found for a luxury watchmaker accused of trademark infringement for ads containing the term "red gold," which luxury jewelry maker Solid 21 had trademarked more than a decade before, and which had been developed into an amber-hued brand denoting a combination of metals such as gold and copper, because evidence indicated the watchmaker's use of the term in advertisements and catalogues constituted a superior description and fell under fair use. Affirmed.
Court: 2nd Circuit, Judge: Wesley, Filed On: March 14, 2024, Case #: 22-366, Categories: trademark
J. Gregory finds that the lower court properly quashed a subpoena initiated to obtain an oral deposition of the Australian company's employees. In this trademark dispute, the U.S. Patent and Trademark Office is prohibited from seeking a discovery deposition. The Melbourne-based company has only the bare minimum corporate presence in Virginia to apply for a trademark, and can only be compelled to produce written discovery.
Court: 4th Circuit, Judge: Gregory, Filed On: March 13, 2024, Case #: 22-1871, Categories: Civil Procedure, trademark, Discovery