446 results for 'cat:"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
J. Nugee finds a lower court properly dismissed a patent and trademark law firm's claims that a commission recovery service is not entitled to represent its disgruntled customers in court. The patent and trademark attorneys argued that it is not obligated to remind clients to pay a renewal fee for patent rights, and that it is entitled to pass their personal data to a patent annuities establishment for renewal alerts. However, the patent and trademark attorneys failed to disclose to clients that the renewal fees were exorbitant. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Nugee, Filed On: January 18, 2024, Case #: CA-2023-691, Categories: Patent, trademark, Attorney Fees
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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. Brnovich rules a baking ingredients company may pursue defamation claims against a former employee. The baking ingredients company sufficiently showed in court that the former employee, a senior buyer, defamed the company by publishing false online information concerning its customers and its confidential business information.
Court: USDC Arizona, Judge: Brnovich, Filed On: January 12, 2024, Case #: 2:23cv2674, NOS: Other Contract - Contract, Categories: trademark, Defamation, Employment Retaliation
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. Bress finds that the district court improperly entered summary judgment in favor of a political press in a trademark infringement dispute with an online communication company over the use of the word “Punchbowl” in their marks. The mark is used to identify and distinguish news products. The mark is not immune from a traditional likelihood-of-confusion inquiry. Reversed.
Court: 9th Circuit, Judge: Bress, Filed On: January 12, 2024, Case #: 21-55881, Categories: trademark
Per curiam, the circuit finds that the district court properly dismissed trade dress infringement claims alleging a competitor made a knock-off of plaintiff's Mackage coat because plaintiff did not precisely describe the trade dress or demonstrate dilution of distinctiveness. However, state unfair competition claims alleging misappropriation of proprietary interests other than trade dress should be addressed on remand. Affirmed in part.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 9, 2024, Case #: 22-1965, Categories: trademark, Unfair Competition
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
Upon the board's redesignation of the 2022 opinion as precedential, J. Wolfson grants a comic book maker's petition to cancel a comic book company's registration of the mark, Captain Cannabis. The comic book maker proves a priority of use of the mark under common law.
Court: Trademark Trial and Appeal Board, Judge: Per curiam, Filed On: January 3, 2024, Case #: 92064830, Categories: trademark
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
Interlocutory Attorney Winter severs Gibson Brands' counterclaim seeking cancellation of a company's mark, Silver Sky Nebula, for guitars from the company's action seeking cancellation of Gibson's Theodore mark for stringed instruments. The claims do not arise from the same transaction, and severing the counterclaim from the original cancellation proceeding would enhance judicial economy.
Court: Trademark Trial and Appeal Board, Judge: Winter, Filed On: December 29, 2023, Case #: 92080470, Categories: trademark
Per curiam, the circuit finds that the district court properly declined to alter a jury verdict awarding damages for violations of an agreement settling trademark infringement claims because the Swedish company that misused its mark under the settlement failed to challenge disgorgement and punitive damages as awarded at trial. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 26, 2023, Case #: 22-2993, Categories: Civil Procedure, Settlements, trademark