446 results for 'cat:"Trademark"'.
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
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J. Kitchin finds a lower court improperly dismissed a lifestyle company's trademark claims against Amazon. Amazon argued that it was entitled engage in cross-border Internet marketing sales of the lifestyle company's trademarked goods. However, Amazon failed to obtain consent to use the "Beverly Hills Polo Club" brand on its website. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Kitchin, Filed On: March 6, 2024, Case #: 24UKSC8, Categories: Commerce, trademark
J. Anderson adopts the recommendation of the magistrate judge and dismisses the plaintiffs' complaint without prejudice based on a lack of subject matter jurisdiction. The plaintiffs, who owned an online Etsy store where they resold "collectible sports plates," allege violations of the Racketeer Influenced and Corrupt Organizations Act in connection with the defendants' trademark enforcement activities, specifically regarding a 1989 plate depicting former NBA player Kareem Abdul-Jabbar. However, the court concludes that their allegations are implausible.
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: March 5, 2024, Case #: 1:23cv1143, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: trademark, Jurisdiction, Racketeering
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. Newbern recommends that the defendant company's dismissal motion be granted in this lawsuit brought by a small business owner alleging libel and trademark infringement. The pro se plaintiff fails to state a plausible claim for relief against the defendant company, Alphabet, and the complaint should be dismissed pursuant to Rule 12(b)(6).
Court: USDC Middle District of Tennessee , Judge: Newbern, Filed On: March 4, 2024, Case #: 2:23cv52, NOS: Copyrights - Property Rights, Categories: Civil Procedure, trademark, Defamation
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
J. Underhill grants the employer's motion for a temporary restraining order, ruling it will suffer irreparable harm if the former employee is allowed to make further social media posts following her termination and creation of a competing business. Therefore, she will be barred from posting any information related to local entertainment and "family fun" directed at parents in her area.
Court: USDC Connecticut, Judge: Underhill, Filed On: February 23, 2024, Case #: 3:24cv192, NOS: Trademark - Property Rights, Categories: trademark, Contract
J. Kato grants default judgment to the streetwear company for its complaint that the manufacturer manufactured products bearing marks confusingly similar to the streetwear company's "Sp5der" mark. The streetwear company sufficiently alleges its claims for trademark counterfeiting and infringement of its registered trademarks, because the manufacturer's products are nearly identical to the streetwear company's and are likely to cause consumer confusion.
Court: USDC Central District of California, Judge: Kato, Filed On: February 23, 2024, Case #: 2:23cv3327, NOS: Trademark - Property Rights, Categories: trademark
J. Lynn grants, in part, a beauty supplier's motion for judgment as a matter of law in a hair extension-maker's trademark case against it. There is no evidence to support the jury's $1.3 million damages award for the supplier's breach of the parties' settlement agreement, and there is also no support for the hair extension-maker's unfair competition claim.
Court: USDC Northern District of Texas , Judge: Lynn, Filed On: February 22, 2024, Case #: 3:20cv2179, NOS: Trademark - Property Rights, Categories: trademark, Unfair Competition, Damages
J. Rosenthal grants, in part, a group of treatment centers' motion to dismiss certain claims filed by a company that specializes in physiologic insulin resensitization treatments for diabetes. The company does not have standing to bring copyright and trademark dilution claims, and it fails to identify a trade secret that was misappropriated.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: February 21, 2024, Case #: 4:22cv3062 , NOS: Patent - Property Rights, Categories: Copyright, Trade Secrets, trademark
J. Beeler finds in favor of Peloton in a trademark dispute brought by the owner of the "Bike+" fitness app that claimed Peloton's new "Peloton Bike+" products infringed on their marks. The owners of the Bike+ app have done very little marketing and the products offered by Peloton, which tend to use more brick-and-mortar stores, are notably different than anything offered by Bike+, so there is little likelihood of confusion between the two marks.
Court: USDC Northern District of California, Judge: Beeler, Filed On: February 16, 2024, Case #: 3:21cv3202, NOS: Trademark - Property Rights, Categories: trademark
J. Rodriguez denies one nonprofit’s efforts to disqualify another, related nonprofit’s counsel in a convoluted dispute over trademark claims between two groups that split off from each other and have since “found themselves ensnared in litigation repeatedly.” The suing nonprofit made a number of arguments for disqualification, including saying the lawyer possessed confidential information and was a necessary witness in the case, but the group does not “specifically identify any disclosed information,” and the group’s arguments that he is a witness are “dubious at best.”
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: February 14, 2024, Case #: 5:23cv1307, NOS: Trademark - Property Rights, Categories: Civil Procedure, trademark