Mealey's Trademarks

  • February 07, 2019

    Costs, But No Fees, Awarded In South Carolina Trademark Case

    CHARLESTON, S.C. — In a Feb. 5 ruling, a South Carolina federal judge rejected a prevailing trademark infringement plaintiff’s request for reimbursement of $237,824 in attorney fees, upon disagreeing with the plaintiff that the case qualifies as exceptional (SafeRack LLC v. Bullard Company, No. 17-1613, D. S.C., 2019 U.S. Dist. LEXIS 18253).

  • February 06, 2019

    Chanel Granted Default Judgment Over Websites Selling Counterfeit Items

    FORT LAUDERDALE, Fla. — Chanel Inc. prevailed against the operators of several dozen websites that were offering counterfeit Chanel goods on Feb. 5, when a Florida federal judge granted its motion for default judgment and awarded it damages, injunctive relief and control over the offending websites (Chanel Inc. v., et al., No. 0:18-cv-63018, S.D. Fla., 2019 U.S. Dist. LEXIS 17846).

  • February 05, 2019

    4th Circuit Says ‘Booking.Com’ Marks Entitled To Protection

    RICHMOND, Va. — A divided Fourth Circuit U.S. Court of Appeals on Feb. 4 affirmed a Virginia federal judge’s determination that the trademark has acquired secondary meaning, as well as that regardless of who prevailed, should reimburse the U.S. Patent and Trademark Office (USPTO) $51,472.53 in attorney fees ( v. Andre Iancu, Nos. 17-2458, -2459, 4th Cir., 2019 U.S. App. LEXIS 3456).

  • February 05, 2019

    Texas Federal Magistrate Judge: Deny Injunction In Trademark Case

    SAN ANTONIO — A plaintiff’s request for preliminary injunctive relief on allegations that an architectural firm infringed the “Arch-Con” trademark should be denied, a Texas federal magistrate judge recommended Feb. 1 (Arch-Con Construction Company v. Archcon Architecture Ltd., et al., No. 18-821, W.D. Texas., 2019 U.S. Dist. LEXIS 16941).

  • February 01, 2019

    Prior Publication Exclusion Bars Coverage Of Trademark Suit, Idaho High Court Says

    BOISE, Idaho — The Idaho Supreme Court on Jan. 29 affirmed a lower court’s ruling that a commercial business insurance policy’s prior publication exclusion relieves the insurer of its duty to defend its insured against an underlying trademark dispute (Scout, LLC v. Truck Insurance Exchange, et al.,  No. 45349, Idaho Sup., 2019 Ida. LEXIS 12).

  • January 31, 2019

    Expert Opinions Admitted In Lawsuit Over Trademarks, Copyrights For Greeting Cards

    BOSTON — A Massachusetts federal judge on Jan. 29 allowed testimony from competing experts in a dispute over whether a maker of greeting cards falsified documents in a trademark and copyright row with another card company (LovePop, Inc. v. Paper Pop Cards, Inc., No. 17-11017, D. Mass., 2019 U.S. Dist. LEXIS 14035).

  • January 30, 2019

    New Jersey Federal Judge Orders Cancellation Of ‘Anello’ Trademarks

    TRENTON, N.J. —A New Jersey federal judge on Jan. 28 granted summary judgment on a counterclaim seeking cancellation of two trademarks, agreeing with defendants that their cousins are not entitled to the registrations, which incorporate the last name “Anello” (Steven Anello, et al. v. VCA Sons Inc., et al., No. 13-3074, D. N.J., 2019 U.S. Dist. LEXIS 13894).

  • January 29, 2019

    Dispute Over ‘Stufz’ Mark, Patent Transferred To Federal Circuit

    CINCINNATI — In a Jan. 28 holding, the Sixth Circuit U.S. Court of Appeals found that it lacks jurisdiction to hear an appeal of a Michigan federal judge’s grant of summary judgment to a defendant accused of trademark and patent infringement (Wesley Corporation, et al. v. Zoom T.V. Products, et al., No. 18-1646, 6th Cir., 2019 U.S. App. LEXIS 2785).

  • January 22, 2019

    Supreme Court Won’t Review Finding That Trade Dress Claim Is Preempted

    WASHINGTON, D.C. — An August 2018 finding by the Eighth Circuit U.S. Court of Appeals that a visual artist’s trade dress claim was preempted by the Copyright Act will stand, thanks to a denial of certiorari Jan. 22 by the U.S. Supreme Court (Bruce Munro, et al. v. Lucy Activewear Inc., et al., No. 18-615, U.S. Sup.).

  • January 18, 2019

    Artist, Sportswear Chain Debate Trade Dress Protection In Supreme Court Briefs

    WASHINGTON, D.C. — The Eighth Circuit U.S. Court of Appeals correctly found that a visual artist was not entitled to trade dress protection for his artistic light display, a women’s sportswear chain asserts in a Dec. 13 brief opposing the artist’s petition for certiorari and arguing that there is no overlap between trade dress and copyright law that needs review by the court (Bruce Munro, et al. v. Lucy Activewear Inc., et al., No. 18-615, U.S. Sup.).

  • January 16, 2019

    9th Circuit Affirms Dismissal Of Trademark Case, But Not As A Sanction

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Jan. 15 found that although a California federal judge abused his discretion in dismissing, as a sanction, allegations of trademark infringement and unfair competition, his earlier dismissal for failure to state a claim was proper (Applied Underwriters Inc. v. Larry J. Lichtenegger, et al., No. 17-16815, 9th Cir., 2019 U.S. App. LEXIS 1291).

  • January 16, 2019

    Federal Circuit Affirms Refusal To Register ‘Casalana’ Trademark

    WASHINGTON, D.C. — In a Jan. 14 ruling, the Federal Circuit U.S. Court of Appeals found no error in a decision by the Trademark Trial and Appeal Board that affirmed an examining attorney’s refusal to register “Casalana” on grounds of failure to demonstrate use in commerce (In re:  Siny Corp., No. 18-1077, Fed. Cir., 2019 U.S. App. LEXIS 1136).

  • January 16, 2019

    Trademark Owner To High Court: Bankruptcy Filing Permitted License Termination

    WASHINGTON, D.C. — In a Jan. 9 merits respondent brief, a trademark holder tells the U.S. Supreme Court that under “extraordinary authority” in the U.S. Bankruptcy Code, it was permitted to terminate a trademark license, stripping its former licensee’s rights to continue use of the once-licensed marks (Mission Product Holdings Inc. v. Tempnology LLC, No. 17-1657, U.S. Sup.).

  • January 15, 2019

    Federal Circuit Reverses Refusal To Register Mark

    WASHINGTON, D.C. — The Trademark Trial and Appeal Board erred in affirming an examiner’s refusal to register “Guild Mortgage Company” because the ruling was premised on an inadequate analysis of the factors for confusion, the Federal Circuit U.S. Court of Appeals concluded Jan. 14 (In re:  Guild Mortgage Company, No. 17-2620, Fed. Cir., 2019 U.S. App. LEXIS 1131).

  • January 09, 2019

    New York Federal Judge Won’t Dismiss Trade Dress Claims Over Stanley Cup

    NEW YORK — Allegations that four defendants marketed and sold a plastic beer stein that replicates the National Hockey League (NHL) Stanley Cup trophy will proceed in New York, a federal judge ruled Jan. 8 (National Hockey League v. The Hockey Cup LLC, et al., No. 18-6597, S.D. N.Y., 2019 U.S. Dist. LEXIS 3411).

  • January 07, 2019

    New York Federal Judge Rejects Lanham Act Claim Over Citizen Petition

    NEW YORK — In a Jan. 3 holding, a New York federal judge agreed with a defendant that it is protected by the Noerr-Pennington doctrine, as established in Eastern R.R. Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127, 136-39 (1961), and United Mine Workers v. Pennington, 381 U.S. 657, 669-70 (1965), from allegations it violated Section 43(a) of the Lanham Act, 15 U.S.C. § 1125, when it filed a citizen petition with the U.S. Food and Drug Administration (Elysium Health Inc. v. Chromadex Inc., No. 17-7394, S.D. N.Y., 2019 U.S. Dist. LEXIS 1871).

  • January 04, 2019

    Supreme Court Grants Certiorari In Dispute Over Immoral Trademarks

    WASHINGTON, D.C. — In its orders list issued on Jan. 4, the U.S. Supreme Court announced that it will decide the constitutionality of Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a), which bars registration of “immoral and scandalous” trademarks (Andrei Iancu v. Erik Brunetti, No. 18-302, U.S. Sup.).

  • January 04, 2019

    California Federal Judge: Ownership Of Intellectual Property Not Demonstrated

    LOS ANGELES — Allegations of trade dress and copyright infringement levied against Dollar General Corp. in connection with sprinkler toys were rejected on summary judgment on Dec. 28 by a California federal judge, who found that a plaintiff is unable to demonstrate ownership of the intellectual property at issue (Swift Harvest USA LLC v. Dollar General Corporation, No. 17-8644, C.D. Calif., 2018 U.S. Dist. LEXIS 217845).

  • January 04, 2019

    Patent, Trademark Case Transferred From New York To California Federal Court

    NEW YORK — In a Jan. 2 ruling, a New York federal judge found that allegations of patent and trademark infringement, as well as federal unfair competition, should proceed in the U.S. District Court for the Central District of California (NextEngine Inc. v. NextEngine Inc., No. 17-9785, S.D. N.Y., 2019 U.S. Dist. LEXIS 584).

  • January 04, 2019

    New York Federal Magistrate Says Publishers Are Entitled To $6.2M Default Judgment

    NEW YORK — In a Jan. 2 report, a New York federal magistrate judge recommended an award of $6.2 million on behalf of four publishers that accuse 15 individuals and one corporate defendant of copyright and trademark infringement in connection with their online sales of counterfeit textbooks (Elsevier Inc., et al. v. Siew Yee Chew, et al., No. 17-6225, S.D. N.Y., 2019 U.S. Dist. LEXIS 196).

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