Mealey's Trademarks
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January 03, 2024
Challenge To Trademark Validity Survives Dismissal Bid In Hair Product Row
SEATTLE — A federal judge in Washington has denied a motion by a plaintiff to dismiss a declaratory judgment counterclaim by Bosely Inc., a provider of hair loss treatments, that a federal trademark registration for “ADVANCED HAIR RESTORATION” is invalid.
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January 02, 2024
Injunction Denied In ‘Flora’ Cannabinoid-Infused Beverage Case
CHICAGO — A plaintiff that makes a cannabinoid-infused beverage under the “Flora” trademark must litigate its common-law infringement claim against a competitor without a preliminary injunction in place, a federal judge in Illinois has ruled.
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January 02, 2024
N.Y. Federal Judge: Dispute Over ‘Air Jordan,’ ‘Dunk’ Trade Dress Will Proceed
NEW YORK — A bid for dismissal has been denied by a federal judge in New York, who said a November 2022 complaint by Nike Inc. adequately identifies not only the trade dress associated with its famed “Air Jordan I” and “Dunk” sneakers but also which elements were allegedly copied by a defendant.
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January 02, 2024
Panel: Right To Bench Trial On Disgorgement Waived In Trademark Case
NEW YORK — The Second Circuit U.S. Court of Appeals will not undo a jury’s award of $1.6 million in disgorged profits in a trademark case, agreeing with a New York federal judge that an infringement defendant waived its right to a bench trial.
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December 22, 2023
In Delaware, Dispute Over ‘Ugliest House’ Mark Will Continue
WILMINGTON, Del. — A federal judge in Delaware on Dec. 21 adopted the recommendation of a Delaware federal magistrate judge that Warner Bros. Discovery Inc. must face allegations of trademark infringement and trademark dilution leveled in connection with the HGTV show “Ugliest House in America.”
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December 22, 2023
Florida Federal Judge Tosses Trademark Claims By Hospice Provider
FORT MYERS, Fla. — Several groups devoted to ensuring access to abortion care for women in Texas on Dec. 21 won dismissal of allegations that they infringe a hospice provider’s trademark, with a Florida federal judge concluding that the case fails on jurisdiction grounds.
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December 21, 2023
In Copyright, Trademark Row, Judge Allows Fourth Amended Complaint
SAN FRANCISCO — A federal judge in California on Dec. 20 ruled that a third amended complaint (TAC) seeking cancellation of two trademarks adequately pleads that the underlying applications contained false and misleading information but failed to provide “sufficient factual context” that the applicants knew or had reason to believe that their registrations were procured by fraud.
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December 13, 2023
New York Federal Judge: Copyright, Trademark Claims Barred By Res Judicata
NEW YORK — Allegations by a plaintiff that a beekeeping supply company, its owners, operators and others infringed his copyrighted advertising text and made unauthorized references to his trademark while advertising a competing product were dismissed Dec. 12 by a federal judge in New York, who adopted a 2019 report and recommendation for the same by a New York federal magistrate judge.
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December 12, 2023
Restaurants Voluntarily Dismiss Claims Accusing Grubhub Of Providing Faulty Info
DENVER — A motion for voluntary dismissal filed by restaurants that accused Grubhub Inc. in a putative class complaint of deceiving consumers by offering faulty information regarding restaurants that did not partner with it was granted by a federal judge in Colorado.
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December 07, 2023
Opposition To Trademark Application Correctly Rejected, Panel Rules
WASHINGTON, D.C. — The Trademark Trial and Appeal Board did not err in finding that confusion was unlikely to result from the use of “VÉRITÉ DU TERROIR” in connection with “wines made from grapes from Côtes de Provence” and “VÉRITÉ” in connection with “alcoholic beverages except beers,” the Federal Circuit U.S. Court of Appeals has affirmed.
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December 06, 2023
In Appeal Involving Vans Trademarks And Trade Dress, Injunction Upheld
NEW YORK — Writing that “the central issues” presented in an appeal by a trademark infringement defendant of a temporary restraining order (TRO) and preliminary injunction “are governed” by a recent U.S. Supreme Court decision, the Second Circuit U.S. Court of Appeals on Dec. 5 upheld the relief entered by a New York federal judge.
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December 01, 2023
Law Firm Tells 9th Circuit Rival’s Use Of Mark In Keyword Ad Was Infringing
SAN FRANCISCO — Asking the Ninth Circuit U.S. Court of Appeals to reverse a lower court’s summary judgment finding that a competitor’s use of its trademark in a Google keyword advertisement did not infringe, an Arizona law firm in its appellant brief expressed its concern that if the judgment is permitted to stand, it will “severely erode the ability of trademark holders to protect against the misuse of their marks online.”
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November 30, 2023
No Coverage Owed For Breach Of Franchise Agreement, Trademark Infringement Claims
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals affirmed a lower federal court’s ruling in favor of insurers in an insured’s breach of contract and bad faith lawsuit seeking coverage for an underlying action alleging that it breached a franchise agreement and infringed on trademarks, finding that some of the underlying claims “clearly fell outside the policy's coverage” and that the policy’s intellectual property (IP) exclusion also barred coverage.
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November 29, 2023
Panel Upholds Denial Of Fees For Jaegermeister In Dispute Over ‘Kühl’ Mark
DENVER — Less than three months after affirming a grant of summary judgment in favor of Mast-Jaegermeister US Inc. (MJUS) on allegations that the spirits maker infringed the “kühl” trademark, the 10th Circuit U.S. Court of Appeals on Nov. 28 also upheld a decision that the case does not qualify as exceptional, rendering MJUS not entitled to an award of attorney fees.
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November 28, 2023
New York Federal Judge Tosses Trademark Claims In ‘Surf Lodge’ Spat
WASHINGTON, D.C. — Although a second amended complaint (SAC) by the owners and operators of “The Surf Lodge” in Montauk, N.Y., adequately state a claim for false designation of origin against a former business associate, their allegations of trademark infringement and dilution must be dismissed, a federal judge in New York concluded Nov. 27.
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November 27, 2023
Hawaii Federal Judge: Accused Use Of ‘Skydive Hawaii’ Mark Is Fair
HONOLULU — Although ordering additional briefing on a claim for breach of settlement agreement, a federal judge in Hawaii on Nov. 22 granted a defense motion to dismiss allegations of trademark infringement leveled over the use of “Skydive Hawaii” in connection with a Hawaii-based skydiving business.
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November 27, 2023
Panel: Trademark Board Ruling Departed From Established Waiver Practice
WASHINGTON, D.C. — The Federal Circuit U.S. Court Appeals on Nov. 22 rejected a joint motion by two parties to vacate a decision by the Trademark Trial and Appeal Board that sustained opposition to the “Get Ordained” trademark in two classes of services in light of their subsequent settlement of parallel district court litigation.
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November 27, 2023
Lloyd’s And U.S. Subsidiary File Trademark Infringement, Defamation Lawsuit
HOUSTON — Two entities connected with “an insurance and reinsurance market that is the most famous brand in the insurance underwriting field” have filed a suit in Texas federal court asserting claims including defamation and trademark infringement against an individual and a corporation and LLC they say he registered in Texas and California.
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November 22, 2023
In Florida Trademark Row, Federal Infringement Claim Survives Bid To Dismiss
MIAMI — A federal judge in Florida said that because a counterclaimant has not received a state trademark registration, its allegation of common-law infringement would be dismissed; in the same ruling, the judge denied dismissal as it relates to federal trademark infringement.
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November 21, 2023
California Trademark Row Won’t Be Stayed During Cancellation Proceedings
SAN FRANCISCO — A federal magistrate judge in California has denied a bid to stay a declaratory judgment action over the “Karmapoint” trademark while the Trademark Trial and Appeal Board considers a pending request for cancellation.
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November 17, 2023
Trek Can’t Persuade Federal Circuit To Undo Trademark Board Ruling
WASHINGTON, D.C. — Weighing by the Trademark Trial and Appeal Board of the relevant factors for a likelihood of confusion was not erroneous, the Federal Circuit U.S. Court of Appeals has ruled in a blow to Trek Bicycle Corp.
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November 14, 2023
Refusal To Register ‘Everybody Vs Racism’ Mark Upheld By Panel
WASHINGTON, D.C. — A decision by the U.S. Patent and Trademark Office (PTO) Trademark Trial and Appeal Board that upheld a refusal to register “Everybody Vs Racism” pursuant to the “Informational Matter Doctrine” was affirmed Nov. 13 by the Federal Circuit U.S. Court of Appeals, which agreed that the applied-for mark does not act as a source identifier for the applicant’s goods.
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November 13, 2023
9th Circuit Upholds Scope Of Relief In Row Over ‘Northpointe’ Mark
SAN FRANCISCO — A federal judge in Arizona had “an ample basis for finding” that a defaulting defendant’s use of “NorthPointe” would likely cause confusion with a plaintiff’s “Northpointe at Vistancia” trademark, the Ninth Circuit U.S. Court of Appeals has concluded.
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November 10, 2023
In IP Litigation Between Pharmacies, Both Sides Lose Daubert Challenges
SAN DIEGO — A federal judge in California has weighed in on competing motions to exclude expert testimony in a dispute over a compounding pharmacy’s alleged false advertising, unfair competition and copyright infringement, deeming the proposed experts for both sides “duly qualified” to render their opinions, which the judge said are based on “sufficiently reliable” methodologies.
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November 09, 2023
Illinois Federal Judge Denies Bid To Execute Infringement Judgment
CHICAGO — The owner of various copyrights and trademarks associated with the horror film “The Texas Chainsaw Massacre,” which in December 2022 won a $200,000 default judgment in an infringement action, saw its motion to compel execution of that judgment denied Nov. 8 by a federal judge in Illinois, to whom the case was recently reassigned.