38 results for 'cat:"Trademark" AND cat:"Injunction"'.
J. Rosenthal finds that a tequila producer using the brand “Casa Azul” is not liable for trademark infringement against another producer selling its products under the brand “Clase Azul.” The producer of the “Clase Azul” brand has not shown that the name is well known, rather the brand’s blue and white hand painted bottle is its most widely recognized trademark. It is unlikely that the two brands would be confused because the “Casa Azul” bottle is not similar. All claims are denied.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: April 15, 2024, Case #: 4:22cv2972, NOS: Trademark - Property Rights, Categories: trademark, injunction
J. Walton grants the music festival operators' motion for a preliminary injunction preventing continued organization of live music events under the name "Moechella" in and around Washington D.C. The festival operators have shown that they have valid trademarks for "Coachella," "Chella" and other related marks, that the use of "Moechella" is likely to cause confusion, and that they are likely to suffer irreparable harm absent an injunction.
Court: USDC District of Columbia, Judge: Walton, Filed On: April 4, 2024, Case #: 1:23cv288, NOS: Trademark - Property Rights, Categories: trademark, injunction
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
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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. 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. 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. Richard Nelson denies the trademark claimants' motions for a permanent injunction and for attorney fees and the trademark defendant's motion for a judgment as a matter of law or for a new trial or remittur. A reasonable jury could find that the trademark defendant directly copied its competitor's parabolic heater's manual for its own product's manual, so its verdict stands. The jury's award of maximum statutory damages was also reasonable. The defendant has not distributed the manual at issue for years, so the trademark plaintiff's claimed harms are too speculative to warrant an injunction. The trademark defendant's arguments were also not so unreasonable or meritless as to justify an award of attorney fees.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: November 17, 2023, Case #: 0:18cv3321, NOS: Trademark - Property Rights, Categories: trademark, Attorney Fees, injunction
J. Robart denies the glass infuser company's request for entry of a permanent injunction in its complaint alleging that the tobacco shop owner and others sold unauthorized counterfeit glass infusers and accessories bearing the glass infuser company's "Stundenglass" trademark. The glass infuser company seeks an injunction that is broader than what it outlined in its complaint, which does not include an injunction against "[a]ssisting, aiding or attempting to assist or aid others against performing the listed actions."
Court: USDC Western District of Washington, Judge: Robart, Filed On: November 16, 2023, Case #: 2:23cv1198, NOS: Trademark - Property Rights, Categories: trademark, injunction
J. Dever orders an injunction be placed on a person who, in conjunction with multiple other individuals and companies, allegedly used copyright-infringing software or machines in violation of state and federal laws. It is deemed proper that an injunction be used in this case, and this person has consented to it, stipulating that he no longer use, distribute or duplicate any intellectual property belonging to the two marketing and auctioneering firms that initially brought the claims.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: November 14, 2023, Case #: 5:23cv136, NOS: Copyrights - Property Rights, Categories: Copyright, trademark, injunction
J. Komitee denies a trademark lawyer’s motion for a preliminary injunction under a single claim for defamation that seeks to prohibit Amazon from contacting his clients and demanding they terminate their contracts as condition for entry into its brand registry, a dedicated service designed to help protect a company’s intellectual property. Amazon blacklisted the lawyer after discovering he was associated with one or more trademarks sanctioned or invalidated by the U.S. Patent and Trademark office. The court finds Amazon’s statements to be substantially true, and that his claim for defamation based on a theory of implication will most likely fail on the merits.
Court: USDC Eastern District of New York, Judge: Komiteed, Filed On: November 9, 2023, Case #: 2:23cv5324, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: trademark, Defamation, injunction
J. Robart denies the glass infuser company's request for entry of a permanent injunction in its complaint alleging that the tobacco shop owner and others sold unauthorized counterfeit glass infusers and accessories bearing the glass infuser company's "Stundenglass" trademark. The glass infuser company seeks an injunction that is broader than what it outlined in its complaint, which does not include an injunction against "[a]ssisting, aiding or attempting to assist or aid others against performing the listed actions."
Court: USDC Western District of Washington, Judge: Robart, Filed On: November 8, 2023, Case #: 3:23cv5181, NOS: Trademark - Property Rights, Categories: trademark, injunction
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 Studenglass glass infuser with one unspecified Studenglass mark as opposed to the wider injunction relating to “the counterfeit Stündenglass product identified in the complaint and any other unauthorized Stündenglass product.”
Court: USDC Western District of Washington, Judge: Robart, Filed On: November 7, 2023, Case #: 2:23cv314, NOS: Trademark - Property Rights, Categories: trademark, injunction
J. Robart denies the glass infuser company's request for entry of a permanent injunction in its complaint alleging that the cigar shop owner and others sold unauthorized counterfeit glass infusers and accessories bearing the glass infuser company's "Stundenglass" trademark. The glass infuser company seeks an injunction that is broader than what it outlined in its complaint, which does not include an injunction against "[a]ssisting, aiding or attempting to assist or aid” others against performing the listed actions.
Court: USDC Western District of Washington, Judge: Robart, Filed On: November 6, 2023, Case #: 2:23cv310, NOS: Trademark - Property Rights, Categories: trademark, injunction
J. Magnuson grants the vehicle rental company a temporary restraining order enjoining the motorcycle rental agency from auctioning, using, operating or renting any of the former's vehicles, as the vehicle rental company's complaint alleges that the motorcycle rental agency did not pay all sums owed when renting the vehicles. The vehicle rental company demonstrates that the motorcycle rental agency likely breached the contract by continuing to use the vehicle rental company's mark on its websites despite the agreements' termination.
Court: USDC Minnesota, Judge: Magnuson, Filed On: September 22, 2023, Case #: 0:23cv2843, NOS: Trademark - Property Rights, Categories: trademark, Contract, injunction
J. Navarro grants the dating website's motion for default judgment on its trademark infringement claims brought against a competing website. Default judgment against the parent company is granted, as well as an injunction preventing it from using the marks, being that actual success on the merits has been shown. The dating website is entitled to a judgment of more than $1.75 million.
Court: USDC Nevada, Judge: Navarro , Filed On: September 15, 2023, Case #: 2:20cv51, NOS: Trademark - Property Rights, Categories: trademark, Technology, injunction
J. Gonzalez issues a preliminary injunction prohibiting a New Jersey-based pizzeria from using the litigant’s trademarked “Bravo Pizza” and “Bravo Kosher Pizza” names or anything similar that might cause consumer confusion. The litigant granted the defendant use of the names for its pizzeria under a licensing agreement, but later terminated the arrangement when it discovered they were using the name for a separate bagel shop. However, after the court issued a temporary restraining order, the defendant changed their name to “Ravo Pizza,” which the court clearly saw as a ruse. The court finds the litigant establishes that it will suffer irreparable harm due to the defendant’s bad faith actions. The court further compels them to arbitrate the remaining claims under the agreement.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: August 29, 2023, Case #: 1:23cv4540, NOS: Trademark - Property Rights, Categories: Arbitration, trademark, injunction