353 results for 'nos:"Trademark - Property Rights"'.
J. Cogburn denies a pool products manufacturer’s motion in limine to exclude the expert testimony of a competitor that sued it for trademark infringement. The manufacturer argues that the expert’s testimony is improper, but this is to do with the expert’s methods, which it is free to debate using cross-examination. The manufacturer has raised nothing to stop the admission of the testimony.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: January 18, 2024, Case #: 3:20cv710, NOS: Trademark - Property Rights, Categories: Evidence, Trademark, Experts
J. Stadtmueller denies Giannis Antetokounmpo's motion for a protective order in his lawsuit in part alleging that the mattress company made fraudulent representations about four mattresses he ordered delivered to Athens, Greece, and that the company used his name and likeness as a popular professional basketball player on its Instagram account without his consent. Antetokounmpo has provided no burdens or other circumstances that would prohibit depositions the company has requested from him and his partner regarding venue and jurisdiction, so the depositions will proceed, but they should be limited to two hours per deposition.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: January 18, 2024, Case #: 2:23cv1389, NOS: Trademark - Property Rights, Categories: Fraud, Trademark
J. Vitter denies a request by a Baton Rouge-based land and real estate services corporation whose name includes the legally protectable word “Rampart” for a court order barring a New Orleans property management company from using the same word due to the likelihood of public confusion. The litigant-corporation's evidence of actual confusion consists of a FedEx driver’s conflation of its office with that of the New Orleans company and seven phone calls received by the corporation at its Baton Rouge office. The corporation fails to meet the evidentiary burden for the extraordinary remedy of a preliminary injunction.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: January 18, 2024, Case #: 2:23cv6895, NOS: Trademark - Property Rights, Categories: Corporations, Patent, Trademark
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J. Cole partially grants the plaintiff financial services company’s motion to compel the defendant credit union to produce five categories of documents. This case concerns the financial services company’s “M1” logo and whether the credit union’s “M1st” logo is in breach of trademark. The services company wants access to the credit union’s merit marketing materials, brand guidelines, third-party mark use agreements, 2003 charter amendments and materials from prior litigation. The court orders the credit union to produce specific documents from these categories, but also orders the financial services company to clarify its demands regarding other documents.
Court: USDC Northern District of Illinois, Judge: Cole, Filed On: January 17, 2024, Case #: 1:22cv1162, NOS: Trademark - Property Rights, Categories: Trademark, Business Practices, Discovery
J. Pitlyk finds that the lower court properly denied both parties' motion for attorney's fees in this trademark dispute over the use of a family name in connection with competing HVAC businesses. Although the jury found the defendant justified in using his name to open a new HVAC business to compete with his family members, the plaintiff business's position was not frivolous, so the defendant is not entitled to fees.
Court: USDC Eastern District of Missouri, Judge: Pitlyk, Filed On: January 12, 2024, Case #: 4:19cv200, NOS: Trademark - Property Rights, Categories: Trademark, Attorney Fees
J. Chesney dismisses all claims against Reddit brought by the creator of the "WallStreetBets" subreddit after he tried to trademark the name and was banned from moderating content for trying to monetize a Reddit community. The creator says Reddit has infringed on his WallStreetBets marks, but has not shown how he has any ownership rights over the marks or that Reddit has infringed on them.
Court: USDC Northern District of California, Judge: Chesney, Filed On: January 12, 2024, Case #: 3:23cv686, NOS: Trademark - Property Rights, Categories: Trademark
J. Marutollo extends discovery proceedings by an additional 60 days to allow a wholesale medications distributor to cure any prejudices it might suffer after Gilead, a large biopharmaceutical company, submitted a list of possible witnesses only two weeks before the end of discovery. Gilead claim’s stem from the sale of adulterated bottles of BIKTARVY, a medication to treat HIV.
Court: USDC Eastern District of New York, Judge: Marutollo, Filed On: January 8, 2024, Case #: 1:21cv4106, NOS: Trademark - Property Rights, Categories: Health Care, Discovery
J. Cogburn denies a home security company’s motions to alter judgment and for a new trial following a jury’s decision to award its competitor $49.7 million in damages. The losing company misled customers by saying it was affiliated with its competitor and would be taking over the latter’s customer accounts, upgrade its equipment and so on, to gain the customers’ business at competitor’s loss. The firm that lost argues that the awards are inflated and based on inflammatory evidence. However, the evidence presented is not exaggerated and is properly used to discourage the very behavior in which the company engaged.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: January 8, 2024, Case #: 3:20cv504, NOS: Trademark - Property Rights, Categories: Tort, Trademark, Unfair Competition
J. Liburdi grants a nutrition products company's motion for default judgment concerning trademark infringement claims against a dietary supplement seller concerning a "BLACKOUT" labeled sleep aid product. The nutrition company sufficiently showed in court that the supplement seller failed to respond to its claims, despite being properly served.
Court: USDC Arizona, Judge: Liburdi, Filed On: January 5, 2024, Case #: 2:23cv1188, NOS: Trademark - Property Rights, Categories: Trademark, Attorney Fees
J. Richardson grants in part the plaintiff health company's motion for default judgment in this case concerning the alleged use of the company's trademarks and brand. The request is granted as to certain claims, including the claims for federal trademark infringement and unfair competition, as well as common law trademark infringement. The request is denied, however, as to federal trademark dilution and state trademark dilution.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: January 5, 2024, Case #: 3:23cv110, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark
J. D'Agostino rules Meta Platforms, parent company of Facebook and Instagram, cannot be held directly liable for a third-party’s sales of knockoff Little Trees car freshener products and dismisses all trademark dilution, infringement and unfair competition claims asserted against it. The complaint fails to allege the social media platform itself placed the manufacturer’s trademarks on any goods sold on its platform.
Court: USDC Western District of New York, Judge: D’Agostino, Filed On: January 4, 2024, Case #: 5:22cv1305, NOS: Trademark - Property Rights, Categories: Trademark, Unfair Competition
J. Stadtmueller finds that, because the smoke shop has not responded to the glass pipe accessory company's complaint alleging the shop sold counterfeit versions of the company's products, the company's motion for default judgment must be granted. The company is awarded $75,000 in damages plus $1,028 in costs, an injunction is entered ordering the shop to provide any advertisements, products or other materials bearing the company's trademark to the company for destruction, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: December 29, 2023, Case #: 2:23cv780, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Evanson denies the Bellevue hair transplantation clinic's motion dismiss the Seattle hair transplantation clinic's counterclaim, which opposes the lawsuit asserting that the Seattle clinic will not stop infringing on the Bellevue clinic's "advanced hair restoration" and "advanced hair" trademarks. The Seattle clinic argues that the Bellevue clinic's trademarks are invalid because they are confusingly similar to the former's trademarks, which is arguable because consumers could confuse the phrases “Advanced Hair," “Advanced Hair Restoration, “The Art and Science of Hair Restoration” and “The World's Most Experienced Hair Restoration" that both parties use for their trademarks.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: December 29, 2023, Case #: 2:23cv1031, NOS: Trademark - Property Rights, Categories: Trademark
J. Whitehead grants the alcohol beverage company's motion for expedited discovery from third parties to discovery the identity of the unknown actor who allegedly used the intermediary to register "thorntailhardavage.com" and other mirror websites that defame the alcohol beverage company, which also infringe on the latter's “Thorntail Hard Agave” trademark. The alcohol beverage company and its owner show good cause to conduct limited early discovery to identify the unknown actor because courts routinely conduct this type of discovery and the request targets information only about the domain registrars, website hosts and back-end service providers associated with the intermediary.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: December 29, 2023, Case #: 2:23cv1984, NOS: Trademark - Property Rights, Categories: Trademark, Discovery
J. Robart denies the glass infuser company's requests for entry of a permanent injunction and for an order directing the destruction of infringing products against the tobacco shop. The glass infuser company seeks an injunction that is broader than what it outlined in its complaint, which describes the sale of one counterfeit G Pro Vaporizer displaying one infringing mark instead of the wider injunction relating to “the counterfeit G Pen product identified in the complaint and any other unauthorized G Pen product, counterfeit, copy or colorful imitation thereof.”
Court: USDC Western District of Washington, Judge: Robart, Filed On: December 26, 2023, Case #: 2:23cv402, NOS: Trademark - Property Rights, Categories: Trademark, Injunction
J. Cogburn denies a pool product manufacturer’s motion in limine to exclude expert testimony following allegations of trademark infringement brought by a similar company. Essentially, the company claims that the manufacturer uses the company’s name to advertise its own products, which are compatible with the company’s, to make more sales. The manufacturer argues the company’s expert testimony is unreliable, but this is more to do with the manufacturer’s opinion on the testimony than its admissibility.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: December 19, 2023, Case #: 3:20cv710, NOS: Trademark - Property Rights, Categories: Trademark, Experts
J. Hillman excludes certain experts retained by an engineering company accused of false advertising and omitting material facts concerning a caulking gun. Certain documents had not been disclosed by the discovery deadline, and one expert's methods and assumptions were unreliable. However, the company's concerns about expertise are best addressed in voir dire.
Court: USDC New Jersey, Judge: Hillman , Filed On: December 18, 2023, Case #: 1:12cv2999, NOS: Trademark - Property Rights, Categories: Civil Procedure, Consumer Law, Experts
J. Pulliam denies a produce company’s motion to dismiss a suit for failure to state a claim after it was sued by a competitor alleging that the produce company was using its trademarked package design — namely, a “two-piece plastic container consisting of a solid yellow opaque base or lid with a clear transparent dome.” The produce company argues that “consumer confusion is implausible” because of differences in packaging, but it is “similarities between the packaging, not differences, [that] cause customer confusion.”
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: December 14, 2023, Case #: 5:23cv445, NOS: Trademark - Property Rights, Categories: Tort, Trademark, Business Practices