Mealey's Trademarks
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July 12, 2023
‘WallStreetBets’ Creator’s UCL Suit Dismissed Due To Lack Of Trademark Rights
SAN FRANCISCO — A California federal judge on July 11 granted online forum host Reddit Inc.’s motion to dismiss a lawsuit filed against it by an investor and entrepreneur who claims that it violated California’s unfair competition law (UCL) and his trademark in part by banning him from the “WallStreetBets” forum on its platform, which he created, finding that he did not establish trademark rights and that Reddit was immune from his other claims as an online publisher.
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July 12, 2023
$6.5M Default Judgment In Trademark Dispute Will Stand, Panel Rules
PHILADELPHIA — Trademark infringement defendants whose misconduct led two law firms to withdraw their representation were properly found to be in default by a U.S. circuit judge sitting by designation in the District of Delaware, the Third Circuit U.S. Court of Appeals said July 11.
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July 11, 2023
Panel: Trademark Abandonment Defense Rightly Rejected By Florida Federal Judge
ATLANTA — The 11th Circuit U.S. Court of Appeals has upheld a ruling in favor of a franchisor that alleged that a former franchisee used the “Navaka” trademark after the parties’ implied license was rescinded.
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July 06, 2023
9th Circuit: Online Sale, Shipment Of Infringing Product Confers Jurisdiction
SAN FRANCISCO — An Arizona federal judge erred in finding a lack of personal jurisdiction over defendants accused of trademark infringement, the Ninth Circuit U.S. Court of Appeals ruled July 5, because the defendants’ sale and subsequent shipment of allegedly infringing, physical products to Arizona caused an Arizona-based plaintiff harm.
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July 06, 2023
‘WallStreetBets’ Creator’s UCL Suit May Proceed While TTAB Case Paused, Judge Says
SAN FRANCISCO — A California federal judge denied online forum host Reddit Inc.’s motion to stay a lawsuit filed by an investor and entrepreneur accusing it of violating California’s unfair competition law (UCL) and violating his trademark in part by banning him from the “WallStreetBets” forum on its platform, citing a suspension of a related proceeding ordered by the Trademark Trial and Appeal Board (TTAB).
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June 26, 2023
COMMENTARY: Parody Proves To Be “Whiskey” Business—But U.S. Supreme Court Sidesteps Clarifying The Rogers Test In Recent Trademark Decision
By Paula Hopkins and Victoria Villella
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June 29, 2023
High Court: Only Domestic Trademark Uses In Commerce Are Actionable
WASHINGTON, D.C. — The 10th Circuit U.S. Court of Appeals wrongly applied federal trademark law to infringing uses in commerce of a disputed trademark that took place entirely abroad, the U.S. Supreme Court ruled today.
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June 27, 2023
Federal Circuit Vacates, Remands Trademark Board Likely Confusion Findings
WASHINGTON, D.C. — In sustaining opposition to a proposed registration for the “FL FLEX” trademark on grounds of likely confusion with three existing trademarks making use of the word “FLEX” the Trademark Trial and Appeal Board made several “errors of significance,” the Federal Circuit U.S. Court of Appeals ruled June 26.
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June 26, 2023
Panel Affirms: Priority Of Use For ‘Larissa Love’ Trademark Not Established
SAN FRANCISCO — A federal judge in California correctly determined, following a bench trial, that a trademark infringement counterclaimant failed to place her “Larissa Love” branded hair care products in commerce before a plaintiff registered the mark with the U.S. Patent and Trademark Office, the Ninth Circuit U.S. Court of Appeals ruled June 23.
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June 21, 2023
‘Objectively Frivolous’ Trademark Claims Tossed, Sanctions Entered In Florida
TAMPA, Fla. — Counsel for a trademark infringement plaintiff “wasted both Defendants’ and the Court’s time and made misrepresentations to the Court which were objectively frivolous and which she knew to be false,” a federal judge in Florida ruled June 20, granting sanctions in the form of attorney fees and costs.
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June 20, 2023
N.J. Panel: Insurers Have No Duty To Defend Dental Practices Against Underlying Suits
TRENTON, N.J. — A New Jersey appeals panel on June 19 affirmed a lower court’s ruling that general liability and directors and officers liability insurers have no duty to defend 14 dental practice insureds against lawsuits alleging trademark infringement, breach of contract and other claims, finding that “based on the clear and unambiguous exclusionary language in the policies, plaintiffs were not obligated to defend or indemnify defendants.”
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June 20, 2023
Sculptor Beats Copyright Claims, But Trademark Claims Will Proceed In N.Y.
NEW YORK — The sculptor of Fearless Girl — a young girl staring down the famed Charging Bull sculpture near Wall Street in New York City — has won summary judgment in New York federal court on allegations that she engaged in direct copyright infringement when she sold a replica of Fearless Girl to a Wall Street executive who then used the work at a corporate event focused on gender diversity.
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June 20, 2023
Disney Suffers Setback With High Court Order Vacating Trademark Win
WASHINGTON, D.C. — In its June 20 order list, the U.S. Supreme Court rejected the position taken by Disney Store USA LLC in a respondent brief that Jack Daniel’s Properties Inc. v. VIP Products LLC has no bearing on allegations that Disney infringed a trademark with a character in “Toy Story 3.”
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June 20, 2023
In Mixed Ruling, Copyright, Trademark Owner Prevails In Part In California
SAN DIEGO — A dispute over various trademarks and copyrighted technical drawings will proceed while allegations that other trademarks and copyrights were infringed by three defendants will be dismissed in a dispute between a security company and its former employees, a California federal judge has ruled.
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June 19, 2023
Copyright, Trademark Case By A&E Survives Motion To Dismiss In New York
NEW YORK — A trademark dispute over “Live PD” will proceed, a New York federal judge decided June 16 upon finding that A&E Television Networks LLC credibly asserts that three defendants willfully and intentionally confused the public as to their affiliation with and sponsorship of the former hit television show.
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June 14, 2023
In Trademark Dispute, University Failed To Explain Delay For Seeking Injunction
ATLANTA — A university failed to adequately explain why it waited six months to move for a preliminary injunction to stop an alumni association from using the university’s trademarks because all the evidence cited in support of the injunction was available when the university filed its complaint, an 11th Circuit U.S. Court of Appeals panel found in a per curiam opinion affirming a trial court’s denial of the injunction.
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June 12, 2023
In ‘PlasmaCar’ IP Row, Florida Federal Magistrate Judge Recommends Relief
MIAMI — A design patent, trademark and copyright owner should be granted a preliminary injunction while it pursues infringement allegations against more than 150 e-tailers, a federal magistrate judge in Florida said June 9.
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June 09, 2023
Judge Awards Juul $2M Against Counterfeiters After Bench Trial
LOS ANGELES — A California federal judge on June 8 filed findings of fact and conclusions of law after a bench trial, finding in favor of Juul Labs Inc. (JLI) on its claims for violation of federal trademark statutes and California’s unfair competition law (UCL) against a Chinese national and his companies in relation to the sales of counterfeit Juul products and awarding JLI $2 million in damages plus attorney fees.
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June 08, 2023
Judgment Entered Resolving Years-Long Rolling Papers Trademark Dispute
CHICAGO — An Illinois federal judge entered an amended judgment after a jury trial, ending a seven-year litigation between the makers of “Raw” and “OCB” rolling papers, with Raw’s maker awarded more than $1.5 million on its counterclaims for copyright infringement and lost profits while agreeing to pay $665,000 in attorney fees to OCB’s makers for fees incurred on its designation-of-origin claim.
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June 08, 2023
Jack Daniel’s Prevails Before High Court In Trademark Parody Case
WASHINGTON, D.C. — A unanimous U.S. Supreme Court held June 8 that parody of the Jack Daniel’s trademark in connection with a dog toy was wrongly deemed noncommercial by the Ninth Circuit U.S. Court of Appeals, in what Justice Elena Kagan called a “narrow” opinion that would not reach the question of whether Rogers v. Grimaldi, 875 F.2d 994 (2nd Cir. 1989), “has merit in other contexts.”
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June 07, 2023
Walmart Must Provide Attorney Emails In Trade Dress Dispute With Vans Inc.
SANTA ANA, Calif. — Protections under the attorney-client privilege and the work product doctrine in an email chain between Walmart Inc. and its counsel were waived by disclosure of those emails to a third party and the assertion of an advice of counsel defense, a California federal magistrate judge ruled, granting a motion to compel by Vans Inc., which alleges trade dress infringement of multiple shoe designs by the retailer and its suppliers.
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June 06, 2023
Meta Again Wins Dismissal Of Copyright, Lanham Act, DMCA Putative Class Action
SAN FRANCISCO — A federal judge in California granted a motion to dismiss a photographer’s amended class complaint against Meta Inc. alleging claims of copyright infringement and violation of the Lanham and Digital Millennium Copyright acts, this time without leave to amend, finding that the claims “fare no better” under the plaintiff’s new theories related to “a convoluted combination of the ‘check-in’ and ‘prefetching’ functionalities on Facebook.”
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June 06, 2023
Amended Settlement In Grubhub Faulty Info Class Suit Preliminarily Approved
DENVER — A federal judge in Colorado granted preliminary approval to a class settlement providing injunctive relief in a lawsuit accusing Grubhub Inc. of deceiving consumers by offering faulty information regarding restaurants that did not partner with it after the parties amended the agreement to state that claims for disgorgement of profits under the Lanham Act were not released.
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June 06, 2023
9th Circuit Again Revives Antivirus Firm’s False Advertising Suit Against Rival
PORTLAND, Ore. — For the second time, the Ninth Circuit U.S. Court of Appeals overturned the dismissal of an antivirus software company’s Lanham Act claim against a competitor, finding the defendant’s labels of “malicious” and “threats” for the plaintiff’s products to be statements of objective fact that could potentially support a false advertising claim, rather than “non-actionable statements of opinion,” as a trial court held.
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June 05, 2023
German Entity Defaulted In Trademark, Award Fight With Twitch, Magistrate Says
SAN JOSE, Calif. — A California federal magistrate judge recommended that a district judge grant a video-game streaming service’s motion for default judgment confirming a more than $1.5 million arbitral award against a German competitor that has not appeared in court and recommended denying a motion for leave to file an amicus curiae brief filed by German parties that claim that they own the rights to the award-debtor’s domain name.