345 results for 'nos:"Trademark - Property Rights"'.
J. Self grants the product seller's motion to dismiss a trademark infringement action brought by the ammunition design company arising from the seller's alleged sale of a product infringing on the "Quik-Shok" mark. The company failed to present evidence supporting the exercise of personal jurisdiction over the Virginia-based seller and has not shown that the seller regularly conducts business in or derives substantial revenue from Georgia. Only two of the seller's 5,300 orders were sold to Georgia residents and neither order was for the allegedly infringing product. The company also failed to show that any transaction occurred between the seller and the manufacturer of the infringing product at a Georgia trade show.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: April 23, 2024, Case #: 5:23cv512, NOS: Trademark - Property Rights, Categories: Trademark, Jurisdiction
J. Pregerson grants in part Nike's motion for attorney fees in a trademark dispute. A company alleged that Nike and Nordstrom infringed upon its stylized “N” design in their “Nordstrom x Nike” collaboration. The court found that the company owner "misled by omission" his relationship with another party, who turned out to be his mother, and that the relationship was significant regarding proof of the sale of branded products during the relevant period. The company was ordered to pay attorney fees for the discovery misconduct. Days before the scheduled ESI investigation, the company owner alleged that all devices that were scheduled to be searched had been stolen from his car. Nike seeks "full" attorney fees, arguing that the case is "exceptional" due to the discovery misconduct. Nike is awarded $1,491,634 in attorney fees and costs.
Court: USDC Central District of California, Judge: Pregerson, Filed On: April 19, 2024, Case #: 2:21cv398, NOS: Trademark - Property Rights, Categories: Trademark, Discovery, Attorney Fees
J. Talwani grants in part a former company president’s motion for judgment as a matter of law against his former company, which successfully sued him for breach of fiduciary duty, breach of contract, misappropriation of trade secrets, trademark infringement and false designation. There wasn’t enough substantial evidence before the jury to determine that the former president improperly obtained meeting minutes from the company.
Court: USDC Massachusetts, Judge: Talwani, Filed On: April 19, 2024, Case #: 1:20cv10926, NOS: Trademark - Property Rights, Categories: Trade Secrets, Trademark, Fiduciary Duty
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J. Robertson denies social and emotional education companies’ motion to stay resolution of cross-motions for summary judgment pending further discovery. The curriculum developer filing for partial summary judgment against the companies was wrong not to provide certain emails during non-expert discovery, but the companies fail to show why they can’t oppose the developer’s partial motions for summary judgment without further discovery.
Court: USDC Massachusetts, Judge: Robertson, Filed On: April 16, 2024, Case #: 3:19cv30032, NOS: Trademark - Property Rights, Categories: Education, Trademark, Discovery
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. Lin grants Amazon default judgment on all claims but the false advertising claim in its complaint alleging that the sellers sold counterfeit Amazon Fire TV remotes on Amazon's online marketplace. Amazon proves that the sellers violated its trademark by selling counterfeit Amazon Fire TV remotes bearing Amazon's Smile trademark, which is likely to cause confusion among consumers.
Court: USDC Western District of Washington, Judge: Lin, Filed On: April 12, 2024, Case #: 2:23cv1060, NOS: Trademark - Property Rights, Categories: Trademark
J. Menendez affirms the magistrate judge's protective order, and overrules the auto company's objections. The protective order, which excluded the auto company's in-house counsel and paralegal from seeing certain materials, was not clearly erroneous or contrary to law.
Court: USDC Minnesota, Judge: Menendez, Filed On: April 12, 2024, Case #: 0:22cv1681, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark
J. Cogburn grants a pool products manufacturer’s motion for a temporary restraining order against a competitor in this ongoing trademark infringement case. A jury found in favor of the manufacturer, awarding it over $4.9 million for the competitor’s violations. Because of the manufacturer’s success at trial and likelihood it would be irreparably harmed financially without a restraining order, the competitor’s assets are frozen to prevent it from evading paying the manufacturer’s damages.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: April 11, 2024, Case #: 3:20cv710, NOS: Trademark - Property Rights, Categories: Corporations, Trademark, Restraining Order
J. Vatti denies the beauty products company's motion to compel, ruling that because it does not claim the products sold by the online retailer are counterfeit and the source of the products are irrelevant to any of its other claims under the Lanham Act, it is not entitled to an order requiring the retailer to disclose the source of the products sold on its website.
Court: USDC Connecticut, Judge: Vatti, Filed On: April 9, 2024, Case #: 3:23cv1038, NOS: Trademark - Property Rights, Categories: Trademark, Discovery
J. Bastian grants the clothing company default judgment for its complaint alleging that the beauty school opened with a mark similar to the clothing company's "Zara" trademark. "ZARA" is a famous and valuable brand that the clothing company owns, and the beauty school continues to infringe on that trademark even after the clothing company filed its complaint.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: April 8, 2024, Case #: 2:23cv46, NOS: Trademark - Property Rights, Categories: Trademark
J. Horan finds that a health care management company’s failure to produce court ordered documents in an underlying trademark case brought by a group of hospital emergency rooms is not excusable just because the company says it faced technical difficulties retrieving the documents. The limited number of documents that the company failed to produce are of specific and central importance to the case suggesting an attempt to evade the court’s order to produce. The court grants sanction measures requested by the emergency rooms.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: April 8, 2024, Case #: 3:23cv891, NOS: Trademark - Property Rights, Categories: Sanctions, Trademark, Attorney Fees
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. Lake finds the use of the name of a defunct musical group by two former members of the group in a new iteration of the band, featuring a new third member, was not an unauthorized use. However, their request for attorney fees is denied because the plaintiff, the band’s former third member, did not conduct their infringement case against the new group in an unreasonable manner.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: April 4, 2024, Case #: 4:21cv3942, NOS: Trademark - Property Rights, Categories: Trademark, Attorney Fees
J. Trauger denies the Starstruck Entertainment defendants' motion for summary judgment in this lawsuit brought by a land owner seeking to challenge the cancellation of his trademark registration for the word mark "Starstruck Farm," in connection with a piece of land that was allegedly previously owned by Reba McEntire and her then-husband Narvel Blackstock. Starstruck Entertainment, which was founded by the couple, is now "operated by Blackstock alone," and the associated trust holds a trademark registration for the word mark "Starstruck." The Starstruck Entertainment defendants, which are no longer affiliated with McEntire, have shown "some evidence that is supportive of cancellation," but the court concludes that there are issues of fact precluding summary judgment.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 2, 2024, Case #: 3:23cv44, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark
J. Hood finds for a national fraternity organization in claims contending a local chapter used its trademark despite entry of a cease and desist order following rescission of insurance coverage as precipitated by the admission of ineligible female members, as the local chapter continued to identify itself with the national organization despite failing to make efforts to remove female members.
Court: USDC Eastern District of Michigan, Judge: Hood, Filed On: March 31, 2024, Case #: 2:20cv12817, NOS: Trademark - Property Rights, Categories: Trademark
J. Chen dismisses, on jurisdictional grounds, all but two defendants in a case regarding the business operations of a startup investment firm and subsequently compels the parties to arbitration solely to determine whether the remaining claims are subject to arbitration. The case involves allegations that the co-owner in a startup investment firm created without his partner’s knowledge a separate firm under a similar name and siphoned off management fees, depriving the litigant of his 50% stake in the company.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 30, 2024, Case #: 2:22cv906, NOS: Trademark - Property Rights, Categories: Arbitration, Trademark, Business Practices
J. Hanen denies summary judgment in a case involving trademark claims between two packaged food companies, where the suing company uses the label name “Daily Delight” and other “delight” phrases, and the sued firm uses the label name “Instant Delight,” which is not one of the suing company’s trademarked phrases. The sued firm says that, because “Instant Delight” is not one of plaintiff’s protected marks, they are entitled to summary judgment, but the suing competitor has presented evidence indicating that customers and vendors confuse the products, so the case can move on for determination at trial.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: March 29, 2024, Case #: 4:21cv2012, NOS: Trademark - Property Rights, Categories: Civil Procedure, Evidence, Trademark
J. Kato finds in favor of the science-based nutritional supplement company for its complaint seeking a declaration that its use of the "Nature's Day" mark does not infringe on the dietary supplement brand's mark. The dietary supplement brand does not present evidence that the company knew that the products using the "Nature's Day" mark caused customer confusion, and the dietary supplement brand did not conduct discovery diligently enough to justify giving it more time to conduct discovery.
Court: USDC Central District of California, Judge: Kato, Filed On: March 29, 2024, Case #: 8:23cv766, NOS: Trademark - Property Rights, Categories: Evidence, Trademark, Discovery
J. Reeves partly grants an honor society’s motion to dismiss counterclaims of defamation and misleading representation filed by a Nevada corporation, claiming they are intentionally misleading students with having similar trademarks. The defamation counterclaim regarding the challenged statements in a press release is dismissed, as well as the tortious interference counterclaim.
Court: USDC Southern District of Mississippi , Judge: Reeves, Filed On: March 29, 2024, Case #: 3:22cv208, NOS: Trademark - Property Rights, Categories: Trademark, Defamation, Business Practices
J. Hall rules in favor of a health supplement supplier on the opposing party’s three counterclaims for breach of contract, fraud and fiduciary duty, finding the defendants fail to provide any substantive evidence that proves the existence of a second agreement between the two parties concerning the ownership of the company’s shares.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 29, 2024, Case #: 2:19cv5637, NOS: Trademark - Property Rights, Categories: Trademark, Contract, False Advertising
J. Marshall grants in part a company's motion for the award of reasonable royalties in a trademark infringement dispute. A jury found in favor of the company for misappropriation of trade secrets and infringement of the company's registered trademark. The court issued a preliminary injunction enjoining the infringer from disclosing the company's trade secrets or marketing or selling the infringing implant. For the misappropriation of trade secrets claim and a doctor's breach of the non-disclosure agreement, $5.7 is awarded as a reasonable royalty, $11.5 million in exemplary damages, and $1 million for the counterfeit mark claim.
Court: USDC Central District of California, Judge: Marshall, Filed On: March 28, 2024, Case #: 2:20cv3503, NOS: Trademark - Property Rights, Categories: Trade Secrets, Trademark