Mealey's Trademarks
-
March 05, 2024
Minnesota Federal Judge: Product And Product Trademark Are Distinct
MINNEAPOLIS — A Minnesota federal judge on March 4 rejected a plaintiff’s claim that a contractual provision directing a distributor to “discontinue use of any and all . . . trademarks” in the event of termination “encompasses an obligation to stop selling” its remaining inventory.
-
March 04, 2024
Both Parties Win Interim Relief, But More Briefing Sought In Trademark Row
NEW YORK — On remand from the Second Circuit U.S. Court of Appeals for a second time, a federal judge in New York on March 1 tweaked her earlier preliminary junction but directed a bridal gown company and its former designer to further brief the “issues raised” in a recent appellate decision.
-
February 27, 2024
Defense Motion Denied By Illinois Federal Judge In ‘Tribe’ Trademark Case
CHICAGO — In a Feb. 26 opinion, a federal judge in Illinois declined to decide whether, as asserted by two infringement defendants, the term “tribe” cannot be trademarked.
-
February 26, 2024
NBC Must Face Claims ‘Time Machine’ Car Infringes DeLorean Mark
LOS ANGELES — Although agreeing with NBCUniversal Media LLC (NBCU) that allegations of breach of contract leveled by DeLorean Motor Co. (DMCT) over royalties associated with the use of a modified DeLorean DMC-12 “Time Machine” car in the “Back to the Future” film franchise fail for lack of standing, a federal judge in California said disputes of material fact preclude summary judgment on DMCT’s related trademark infringement claims.
-
February 23, 2024
Amici Tell High Court Jury Should Decide Likelihood Of Confusion
WASHINGTON, D.C. — Filing a brief in favor of neither party in a dispute over the “Home Chef” trademark, amici curiae comprising “law school faculty and students” urge the U.S. Supreme Court to resolve a circuit split over the proper way to determine when there is a likelihood of confusion between two marks, stressing the importance of having a single national standard on this matter and contending that it should be a deference standard in which juries make such decisions.
-
February 21, 2024
Trademark, Copyright Owner Denied Summary Judgment By Illinois Federal Judge
CHICAGO — Citing a plaintiff’s “trend of under-developing arguments” in trademark and copyright litigation over its continuous positive airway pressure (CPAP) filters, a federal judge in Illinois denied summary judgment, finding — among other things — that there is “no case law supporting the proposition that a product itself . . . can constitute a spurious mark for the purposes of establishing a counterfeit.”
-
February 20, 2024
Interlocutory Appeal Of Relief In Trade Dress, Patent Case Succeeds
WASHINGTON, D.C. — A federal judge in Texas abused his discretion in preliminarily enjoining a patent and trade dress infringement defendant from operating its trampoline park, the Federal Circuit U.S. Court of Appeals said Feb. 16.
-
February 16, 2024
In IP Row With Former Firm, Accused Engineer Defends Summary Judgment
WASHINGTON, D.C. — A federal judge in Utah correctly rejected on summary judgment a patent and copyright owner’s case in full against a former employee and his new, competing company, the employee and company tell the Federal Circuit U.S. Court of Appeals in an appellee brief.
-
February 16, 2024
Petition To Cancel ‘Babies’ Magic Tea’ Trademark Reinstated By Panel
WASHINGTON, D.C. — The Trademark Trial and Appeal Board must revisit its finding of no likely confusion between the “Baby Magic” and “Babies’ Magic Tea” trademarks, the Federal Circuit U.S. Court of Appeals concluded Feb. 15.
-
February 15, 2024
Request For Contempt Finding In Trademark, Design Patent Case Denied
HOUSTON — A federal judge in Texas on Feb. 14 rejected as premature allegations that a defendant has violated a stipulated preliminary injunction in a trademark and design patent infringement case by manufacturing and selling a redesigned floating pool chaise.
-
February 15, 2024
RICO Claim Tossed From Suit Alleging App Captures Data With Cyberpirated Marks
SACRAMENTO, Calif. — A federal judge in California denied arbitration and dismissed a Racketeering Influenced and Corrupt Organizations (RICO) Act claim from a putative class complaint accusing a software company of collecting and selling personal data from a budgeting application for smartphones and of using cyberpirated trademarks and other information to entice users to enter their banking information but permitted the app user’s remaining claims under Utah and California law to proceed.
-
February 14, 2024
Consent Decree Entered Under 1 Dismissal In Case Over Alleged Counterfeit Policies
LOUISVILLE, Ky. — A variety of claims and parties have been dismissed under agreements in a sprawling suit over allegations of fraud, trademark counterfeiting and trademark infringement involving captive reinsurance programs, with a Kentucky federal court permanently enjoining two defendants “from future infringement of Plaintiffs’ trademarks.”
-
February 14, 2024
Injunction Entered Under Agreement To Resolve Lloyd’s Trademark Infringement Case
HOUSTON — After Lloyd’s America Inc. and Corporation of Lloyd’s and the individual they sued over alleged defamation and trademark infringement reported reaching an agreement to resolve the suit, a Texas federal court entered a permanent injunction according to the terms of their agreement.
-
February 14, 2024
Challenge To USPTO Domicile Address Rule Turned Away By Panel
WASHINGTON, D.C. — A rule that bars reliance on a P.O. Box address in the broader U.S. Patent and Trademark Office (USPTO) requirement that trademark applicants list domestic counsel was not arbitrarily enforced against a law firm, the Federal Circuit U.S. Court of Appeals said Feb. 13.
-
February 13, 2024
Genericness, Infringement Of ‘Appliance Liquidation’ Mark Debated In 5th Circuit
NEW ORLEANS — An appliance outlet operator maintains in its reply brief to the Fifth Circuit U.S. Court of Appeals that there is no evidence that it used the disputed “Appliance Liquidation Outlet” trademark “to identify the origin or sponsorship of its products” and, thus, the infringement claims against it failed and should have been dismissed by the trial court.
-
February 13, 2024
9th Circuit Upholds Injunction In Trademark Dispute Over Tattoo Ink
SAN FRANCISCO — A federal judge in California did not abuse his discretion in preliminarily enjoining a defendant from using the “Advanced Tattoo Ink” tag line or “ZUPER BLACK” and “INTENZE” trademarks while litigation over their potential infringement is pending, the Ninth Circuit U.S. Court of Appeals has ruled.
-
February 13, 2024
Profits On Trademark Claims Affirmed But Punitive Damage Award Do-Over Needed
CINCINNATI — A jury verdict in favor of two trademark plaintiffs and corresponding award of infringer’s profits will not be disturbed, but the jury’s award of punitive damages against defendants on state law unfair competition claims was premised on an incorrect instruction by a Kentucky federal judge, according to the Sixth Circuit U.S. Court of Appeals.
-
February 12, 2024
Injunction Is Part Of Agreement To Resolve Lloyd’s Trademark Infringement Case
HOUSTON — Lloyd’s America Inc. and Corporation of Lloyd’s and the individual they sued in Texas federal court over alleged defamation and trademark infringement have reported reaching an agreement to resolve the suit, with terms including entry of a permanent injunction.
-
February 06, 2024
Parties Debate Injunction Record, Await Ruling In OpenAI Trademark Dispute
SAN FRANCISCO — OpenAI Inc. submitted what it portrays as an administrative motion to supplement the record but really is a local-rule-breaking attempt at filing a surreply in support of its motion for a preliminary injunction and fails to show the type of confusion the relief it seeks would warrant, defendants in a suit over a trademark and domain name argue in an opposition brief filed in California federal court.
-
February 01, 2024
Scope Of Blue Cross Common-Law Trademark Rights Not Ripe For Adjudication
BIRMINGHAM, Ala. — A federal judge in Alabama on Jan. 31 denied a bid for summary judgment that the first two plans to use the Blue Cross Blue Shield Association (BCBSA) trademarks acquiesced to later use by other plans or engaged in naked licensing of the marks.
-
February 01, 2024
Home Chef Asks High Court To Standardize Trademark Likelihood-Of-Confusion Test
WASHINGTON, D.C. — After being denied injunctive relief in a trademark dispute with GrubHub Inc., a food preparation firm filed a petition for certiorari, asking the U.S. Supreme Court to rule that courts must consistently consider all of the relevant factors when undertaking a likelihood-of-confusion analysis in an infringement lawsuit.
-
January 31, 2024
Dismissal Bid Denied In Rare Criminal Trademark Counterfeiting Case
PHILADELPHIA — A federal judge in Pennsylvania on Jan. 30 said that criminal charges against the operator of a website where the trademarks of brand name drugs were used in connection with the sale of “prop” pills will remain in place.
-
January 31, 2024
5th Circuit Issues Limited Remand Over Typos In Trademark Injunction
NEW ORLEANS — A federal judge in Texas properly declared the “Rolex” trademarks infringed by a watch reseller, but two typographical errors in a subsequent permanent injunction render the ordered relief “vague and unqualified,” the Fifth Circuit U.S. Court of Appeals has concluded.
-
January 26, 2024
N.Y. Federal Judge Voices Skepticism Over Viability Of Atari Trademark Claims
NEW YORK — Three months after entering a temporary restraining order (TRO) in the case, a federal judge in New York on Jan. 25 denied a bid by Atari Interactive Inc. to obtain a preliminary injunction against a print-on-demand company, questioning whether the video game maker is likely to succeed on the merits of its trademark infringement claims.
-
January 25, 2024
American Airlines’ Trademark Case Against Travel Company Survives Dismissal Request
FORT WORTH, Texas — Allegations that a travel company inflated the costs of airline tickets by charging customers more than the actual ticket price and, in so doing, infringed the American Airlines (AA) trademark will proceed, a federal judge in Texas ruled in denying a motion to dismiss.