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Mealey's Trademarks

  • September 03, 2024

    Judge: Competing Rum Maker Can Intervene In Bacardi’s Fight With Trademark Office

    ALEXANDRIA, Va. — A federal judge in Virginia granted an unopposed motion to allow a rum manufacturer to act as an intervenor in a case brought by its competitor against the U.S. Patent and Trademark Office (PTO) on claims that the office inappropriately allowed the company to renew a trademark a decade after its expiration.

  • August 29, 2024

    6th Circuit Largely Upholds Preliminary Injunction In Libertarians’ Trademark Row

    CINCINNATI — A panel of judges in the Sixth Circuit U.S. Court of Appeals on Aug. 28 largely affirmed a Michigan federal judge’s preliminary injunction barring a group within the Libertarian Party of Michigan from using a party trademark during a succession dispute after party leadership departures, but the panel held that the group can use the mark to solicit donations online where the difference between the warring factions is adequately described.

  • August 28, 2024

    Federal Judge: Plaintiff Clothing Brand Unlikely To Prevail In Trademark Fight

    CLEVELAND — A federal judge in Ohio granted a defendant clothing designer’s motion for a preliminary injunction in a trademark dispute over a reference to a 2000s comedy film, enjoining a plaintiff clothier from further attempts at contacting social media companies to take down the defendant company’s accounts without the court’s approval; the judge said the defendant company substantiated the likelihood that it would succeed in showing that there was no infringement.

  • August 26, 2024

    3rd Circuit: No Fees Due In Trade Dress Dispute Over Whiteboards

    PHILADELPHIA — A panel of the Third Circuit U.S. Court of Appeals on Aug. 23 upheld a Pennsylvania federal judge’s denial of attorney fees to the defendant company in a trade dress dispute between two school material manufacturers, agreeing that the case did not reach the level of exceptionality required by the Lanham Act for attorney fees to be recoverable.

  • August 26, 2024

    Federal Judge: Artist’s Trademark, Copyright Claims Against Amazon Largely Survive

    RIVERSIDE, Calif. — A federal judge in California partly denied a motion from Amazon.com Inc. to dismiss a complaint brought against it by an artist, holding that the artist adequately established that the defendant infringed upon his trademarks by selling counterfeited works, but noted that the artist conceded that he failed to establish other elements of his claims.

  • August 23, 2024

    Federal Judge: No Preliminary Injunction In Trademark Row Between Film Fests

    NEW YORK — A federal judge in New York denied the second motion for preliminary injunction in a trademark dispute brought by the owner of a South Asian film festival in New York against the owner of another South Asian film festival in both Texas and New York, holding that the plaintiff owner failed to adequately establish a substantial likelihood that he would prevail on his claims.

  • August 21, 2024

    Federal Judge Holds Most Counterclaims Survive In Trademark Infringement Suit

    MIAMI — A Florida federal judge on Aug. 20 allowed to stand most counterclaims brought by a defendant company in against a plaintiff company that accused it of trademark infringement through allegedly unauthorized sales of computers through Amazon; the judge dismissed a false advertising counterclaim, finding that the defendant company failed to show how take-down requests made to Amazon amounted to false advertising statements made to customers.

  • August 20, 2024

    7th Circuit: Extortionist Failed To Show Ownership Over Celebrity Photos

    CHICAGO — A panel of the Seventh Circuit U.S. Court of Appeals affirmed an Illinois federal judge’s dismissal of a copyright claim brought by a former actor and convicted extortionist against multiple news outlets, agreeing that the man failed to show that he had copyright ownership of photographs of him appearing with multiple celebrities published by the outlets after his arrest.

  • August 16, 2024

    Federal Circuit Vacates Preliminary Injunction In E-Cigarette Trademark Dispute

    WASHINGTON, D.C. — A federal judge in Florida was wrong to issue a preliminary injunction against a Chinese e-cigarette manufacturer and its American wholesalers in a trademark and patent dispute brought by an American e-cigarette maker, a panel of judges in the Federal Circuit U.S. Court of Appeals held, saying that the judge did not adequately consider the Chinese company’s argument that the American manufacturer did not have a valid claim to the contested mark because it did not seek approval from the U.S. Food and Drug Administration for its product.

  • August 15, 2024

    Guitar Seller Says 1st Circuit Wrongly Ordered New Trial In Copyright Case

    BOSTON — A guitar seller who was accused of copyright infringement by a guitar manufacturer that said it used a copyrighted photo of guitar headstocks on its website filed a petition for rehearing or rehearing en banc after a First Circuit U.S. Court of Appeals panel ordered a new trial in a New Hampshire federal court, arguing that the panel widened a circuit split over what standard a court can use to determine the relationship between alleged infringement and subsequent revenue.

  • August 15, 2024

    Judge Says Some AI Copyright Claims Survive In Visual Arts Suit

    SAN FRANCISCO — An amended complaint permissibly adds claims and defendants, and while some of those claims are unsuccessful, copyright claims against DeviantArt, Stability AI Ltd. and others survive, thanks in part to new allegations of improper copying of works to train artificial intelligence, a federal judge in California said in partially granting motions to dismiss.

  • August 15, 2024

    4th Circuit: Wireless Carrier Shows It Intended To Begin Reusing Trademark

    RICHMOND, Va. — A panel of the Fourth Circuit U.S. Court of Appeals vacated a federal judge’s grant of summary judgment in a trademark dispute in favor of defendant wireless communications company T-Mobile US Inc., holding that plaintiff company Simply Wireless Inc. had raised a genuine question of material fact as to whether it had abandoned its use of the contested “SIMPLY PREPAID” mark.

  • August 13, 2024

    5th Circuit Revives Chef’s Trademark Claims Against Purchasers Of His Restaurant

    NEW ORLEANS — A panel of the Fifth Circuit U.S. Court of Appeals on Aug. 12 partly revived a trademark infringement suit brought by a Texas chef against a group of entities he claimed infringed upon his trademarks after the end of a licensing agreement, finding that a federal judge in Texas erred by determining that the chef had failed to state a claim.

  • August 13, 2024

    2nd Circuit: Judge Correct To Deny Vacatur Of 2011 Trademark Dispute Settlement

    NEW YORK — A federal judge in New York correctly denied a request from a series of companies to vacate a 2011 issuance of judgment in a trademark infringement case because a settlement in the case was allegedly built upon a fraudulent document, a Second Circuit U.S. Court of Appeals panel held, agreeing with the lower court judge that the companies had ample opportunity to discover the alleged fraud when it occurred.

  • August 12, 2024

    Judge: No Deadline Extension In AI Company’s Battle Over Sci Fi-Based Name

    NEW YORK — A 10-day delay in the holding of a settlement conference does not warrant a months-long extension of several case deadlines, and any failure to conduct discovery and settlement negotiations simultaneously as requested by the court lies with the parties, a federal judge in New York said in a trademark infringement case involving a dispute between an artificial intelligence chipmaker and a health care company it accuses of poaching its science fiction-based moniker.

  • August 12, 2024

    11th Circuit: No Fees In Trademark Dispute Over Use Of Florida’s Outline In Logos

    ATLANTA — An 11th Circuit U.S. Court of Appeals panel on Aug. 9 affirmed a Florida federal magistrate judge’s decision to deny attorney fees to a company that prevailed in a trademark infringement case over a restaurant it said infringed its trademarked logo designs, agreeing with the magistrate judge that the case does not reach the “exceptional” level required for attorney fees under the Lanham Act.

  • August 12, 2024

    Panel: Knowing Violation Of Rights Exclusion Relieves Insurers Of Duty To Defend

    BOSTON — A Massachusetts appeals court affirmed a lower court’s judgment in favor of insurers in a coverage dispute arising from underlying trademark infringement and other claims brought against insureds, finding that the policy’s knowing violation of the rights of another relieved the insurers of their duty to defend.

  • August 08, 2024

    Restaurants’ Lanham Act Claims Against Grubhub Largely Survive Dismissal Motion

    CHICAGO — A federal judge in Illinois said seven of nine restaurants who brought trademark violation claims in a putative class complaint against Grubhub Inc., alleging that the company included their names and logos on its food delivery app without the restaurants’ permission, failed to show that they have a protectible trademark interest, while the claims from the remaining two restaurants are adequately pleaded.

  • August 05, 2024

    Judge: No New Trademark Trial For Adidas Despite Withheld Discovery Emails

    NEW YORK — A New York federal judge issued an opinion explaining in detail a May order in which he denied a motion from adidas America Inc. for a new trial in its trademark dispute with Thom Browne Inc., saying that adidas did not adequately show that newly discovered emails from Thom Browne suggesting the company was aware one of its designs could be infringing on adidas’ signature stripe design were likely to have changed the outcome of the trial.

  • August 02, 2024

    Parties To OpenAI Secondary Meaning Trademark Ruling Wrap Briefing

    SAN FRANCISCO — Two entities battling over the rights to the Open AI trademark wrapped up briefing in a Ninth Circuit U.S. Court of Appeals case involving a judge’s ruling finding that the mark acquired a secondary meaning with the release of OpenAI Inc.’s Dall-E website.

  • August 01, 2024

    1st Circuit Orders New Copyright Infringement Damages Trial For Guitar Maker

    BOSTON — A panel of the First Circuit U.S. Court of Appeals ordered a new jury trial on the issue of infringing profits on a copyright claim brought by a guitar manufacturer who said a guitar seller used a copyrighted photo of guitar headstocks on its website, holding that a New Hampshire federal judge did not accurately explain the manufacturer’s burden of proof in jury instructions.

  • August 01, 2024

    3rd Circuit Holds Grocer’s Trademark Claims Over Imported Chocolate Milk Fail

    PHILADELPHIA — A Third Circuit U.S. Court of Appeals panel on July 31 upheld a New Jersey federal judge’s decision to deny an Indian food grocery company’s motion for default judgment against alleged infringers of its mark on chocolate milk powder, holding that the company showed only unauthorized sales, not trademark infringement.

  • July 31, 2024

    Summary Judgment Granted In Trademark Fight Between Tourism Training Companies

    PHOENIX — A federal judge in Arizona held that a defendant tourism hospitality company did not infringe on a competitor’s mark because the plaintiff tourism company did not demonstrate valid ownership over the phrase “tourism academy,” partly granting the defendant company’s motion for summary judgment.

  • July 29, 2024

    Judge: Trade Secret Claims Against TikTok In Copyright Case Adequately Established

    SAN FRANCISCO — A California federal judge on July 26 denied a request from TikTok Inc. and affiliated entities to compel a China-based company to state with particularity its trade secret source code it says TikTok infringes upon, saying the company included the trade secrets in its complaint with the requisite particularity; the judge’s order was issued days after a previous order in which the judge dismissed a false advertising claim against TikTok with prejudice.

  • July 29, 2024

    Judge Orders Cosmetics Company To Pay For More Depositions In Trademark Dispute

    SAN FRANCISCO — A cosmetics company that asserts trademark and trade dress infringement of its mascara product by another cosmetics manufacturer will be allowed to conduct additional depositions to mitigate the prejudice caused by the defendant company belatedly disclosing expert witnesses’ functionality theories about the mascara brush trade dress that should have been included in discovery, a federal judge in California held.