353 results for 'nos:"Trademark - Property Rights"'.
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. 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. Lipman partially grants the plaintiff company's motion for a preliminary injunction in this lawsuit brought under the Lanham Act and the Tennessee Consumer Protection Act, alleging that a former employee "engaged in a variety of tortious activities" against the company. The company's motion is granted as to its negligence per se and defamation claims, as the company is likely to succeed on the merits of those claims and the issuance of an injunction will "also serve the public interest."
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: March 19, 2024, Case #: 2:23cv2186, NOS: Trademark - Property Rights, Categories: Civil Procedure, Negligence, Defamation
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
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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. Tharp partially grants both Ledo pizza parties’ motions for summary judgment on their combined half dozen competing trademark claims for the “Ledo” mark. The court precisely slices these complex competing claims, including abandonment and allegedly void trademark registrations, in a manner more thoroughly laid out in the opinion itself.
Court: USDC Northern District of Illinois, Judge: Tharp, Filed On: March 7, 2024, Case #: 1:20cv7350, NOS: Trademark - Property Rights, Categories: Trademark
J. Gonzalez issues sanctions against a competing vitamin and nutritional supplement supplier in a trademark infringement lawsuit. The court grants an award of fees to the litigant to cover the costs incurred as a result of the defendant’s failures to comply with the court’s discovery orders, including its failure to provide information that would help the litigant understand documents related to its advertising costs.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: March 7, 2024, Case #: 1:22cv3734, NOS: Trademark - Property Rights, Categories: Sanctions, Trademark
J. Trauger grants in part the plaintiff company's motion for a preliminary injunction and partial motion to dismiss certain counterclaims in this trademark dispute between competing epoxy sellers. The court will grant limited injunctive relief related to the use of the phrase "ultra clear epoxy" in online advertisements. The counterclaims for deceptive trade practices are also dismissed.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: March 6, 2024, Case #: 3:23cv715, NOS: Trademark - Property Rights, Categories: Trademark, Consumer Law
J. Stivers rules in part for the Marker's Mark whiskey distillery regarding evidence in a trademark claims contending defendant sold cigars in violation of the Maker's Mark trademark following termination of the licensing agreement. However, the survey performed by an expert witness to demonstrate the similarities between the cigars should be excluded because the expert did not establish the results were reliable.
Court: USDC Western District of Kentucky, Judge: Stivers, Filed On: March 5, 2024, Case #: 3:19cv14, NOS: Trademark - Property Rights, Categories: Evidence, Trademark, Experts
J. Cartwright grants the travel bag company statutory damages that are three times the aggregate sales of the counterfeit products that each of the sellers made by selling those unauthorized products on Amazon. The travel bag company shows that it owns the trademark associated with childcare travel accessories at issue and that the sellers advertised and sold the counterfeit products that confused customers into believing that they were buying genuine products.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: March 4, 2024, Case #: 2:20cv1215, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Caproni grants the defendant hospital's motion to dismiss trade dress infringement claims brought by a competitor in the New York City region stemming from an advertising change in 2021 when the defendant's advertisements began using white letters on a purple background, the same color scheme the plaintiff hospital has used for 100 years. The plaintiff hospital's description of its trade dress is too general and encompasses too many possible permutations to constitute a singular distinct trade dress. However, the hospital shall be permitted the opportunity to amend its complaint.
Court: USDC Southern District of New York, Judge: Caproni, Filed On: March 1, 2024, Case #: 1:23cv5032, NOS: Trademark - Property Rights, Categories: Health Care, Trademark
J. Rice denies the winery's motion for a preliminary injunction in its complaint alleging that the restaurant and others planned to use the winery's "Revelers" mark in connection with a vineyard two miles from the winery's vineyard. A preliminary injunction is not necessary because the winery did not take enough action to fight for its mark, as it claims that it learned about the restaurant's infringement in 2018 even though evidence suggests that the restaurant infringed on its mark long before that.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: February 29, 2024, Case #: 4:21cv5110, NOS: Trademark - Property Rights, Categories: Trademark, Injunction
J. Trauger partially grants the plaintiff epoxy company's motion for a preliminary injunction in this Lanham Act lawsuit against another epoxy seller regarding the use of the phrase "ultra clear epoxy." The plaintiff company will be granted limited injunctive relief, as the court notes its "real, but not overwhelming, likelihood of success."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: February 27, 2024, Case #: 3:23cv715, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark
J. Bloom grants clothing manufacturer Adidas final default judgment in trademark infringement claims by permanently prohibiting listed entities from future advertising, marketing, manufacturing, or selling of merchandise bearing the company's logo.
Court: USDC Southern District of Florida, Judge: Bloom, Filed On: February 27, 2024, Case #: 0:23cv62191, NOS: Trademark - Property Rights, Categories: Trademark, Injunction
J. Seybert preserves a trademark infringement lawsuit against a canned produce seller for its use of the “Backyard Food” trademark in connection with the sale of pickled food products. The court rules the litigant’s almost six-year delay in bringing suit does not warrant dismissal because it requires additional fact-finding analyses, which are generally recommended on a motion to dismiss.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: February 26, 2024, Case #: 2:22cv4342, NOS: Trademark - Property Rights, Categories: Trademark
J. Campbell dismisses a materials science technology company's motion for preliminary injunction concerning trademark claims against a factory and former business associate in Asia. The factory and business associate sufficiently showed in court that it did not infringe on the company's plastic lined trays and lids when it accepted applications for new products, which were not based on the technology company's prototypes.
Court: USDC Arizona, Judge: Campbell, Filed On: February 26, 2024, Case #: 2:24cv93, NOS: Trademark - Property Rights, Categories: Evidence, Trademark, Contract
J. Lin awards Dutch Blitz Acquisition $193,200 in statutory damages in its and Amazon's complaint that the sellers sold counterfeits of Dutch Blitz's products on Amazon's website. The award is appropriate, because the sellers intentionally sold counterfeit versions of Dutch Blitz's products and misused its trademarks, thus depriving Dutch Blitz of sales and causing customer confusion.
Court: USDC Western District of Washington, Judge: Lin, Filed On: February 26, 2024, Case #: 2:21cv159, NOS: Trademark - Property Rights, Categories: Trademark, Damages