Mealey's Trademarks
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July 01, 2021
In New York, Federal Judge Says Dispute Over ‘Thursday’ Marks Will Proceed
NEW YORK — A federal judge in New York on June 29 denied a motion to dismiss claims of infringement and unjust enrichment leveled over “Thursday” trademarks, upon determining that a plaintiff has a sufficient commercial interest in the marks to confer standing.
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June 30, 2021
Kentucky Federal Judge Reconsiders Prior Ruling, Dismisses Trademark Claim
LEXINGTON, Ky. — A federal judge in Kentucky on June 28 dismissed allegations of trademark infringement she previously said would proceed, citing “an error” in her earlier analysis.
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June 28, 2021
11th Circuit Affirms: Hospira Package Inserts Not Misleading, False
MIAMI — A panel of the 11th Circuit U.S. Court of Appeals on June 24 upheld findings by a Florida federal judge that a false advertising plaintiff failed to establish that the existence of a specific representation or statement by a drug maker caused consumers to believe that a product was approved by the Food and Drug Administration.
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June 25, 2021
Texas Federal Judge Reconsiders Trade Dress, Patent Validity Holdings
HOUSTON — A federal judge in Texas on June 24 granted in part reconsideration of two prior summary judgment holdings rejecting allegations of trade dress infringement leveled in connection with the play screens of two “electronic sweepstakes games.”
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June 24, 2021
Illinois Federal Trademark Case Stayed Pending State Court Appeal
CHICAGO — In a trademark dispute between an architect and his former architectural firm, a federal judge in Illinois on June 23 agreed to issue a stay while the architect appeals an Illinois state court’s dismissal with prejudice of his unjust enrichment complaint.
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June 23, 2021
New York Federal Judge Denies Stay Of Copyright, Trademark Litigation
BROOKLYN, N.Y. — Efforts by two pro se copyright and trademark infringement plaintiffs to stay the litigation while they await a ruling by the Second Circuit U.S. Court of Appeals on their request for mandamus relief were rejected June 21, when a federal judge in New York said the petition is “unlikely to succeed.”
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June 22, 2021
High Court Won’t Hear Dispute Over Counterfeiting, Confusion
WASHINGTON, D.C. — In its June 21 orders list, the U.S. Supreme Court denied a petition for a writ of certiorari by a skin care company that argued that a plaintiff is not required to establish a likelihood of confusion to prevail on a trademark counterfeiting claim.
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June 18, 2021
Party Game Maker Appeals Trade Dress Ruling To The 9th Circuit
SAN FRANCISCO — A manufacturer of a popular “Four-in-a-Row” outside party game filed a brief with the Ninth Circuit U.S. Court of Appeals on June 9, arguing that a trial court judge did not properly apply the standard for determining whether a product’s trade dress has achieved secondary meaning when he dismissed its trade dress infringement and unfair competition claims against the maker of an identical game.
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June 14, 2021
10th Circuit Adopts Octane Standard In Lanham Act Cases
DENVER — The term “exceptional case” as it exists in Section 285 of the Patent Act does not differ in meaning from the term used in Section 1117(a) of the Lanham Act, a panel of the 10th Circuit U.S. Court of Appeals ruled June 8, affirming an award of attorney fees on behalf of defendants who prevailed on allegations that they violated an injunction entered in a trademark case.
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June 10, 2021
Judge Dismisses Trademark, UCL Suit Against U.K. Company For Lack of Jurisdiction
LOS ANGELES — A toy company’s lawsuit for trademark and unfair competition claims against a U.K. company was dismissed for lack of jurisdiction on June 7 by a California federal judge who found that factors including the U.K. company’s contacts with social media influencers in California were insufficient to establish specific jurisdiction.
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June 09, 2021
Panel: Motion To Compel Arbitration Of Trademark Claims Properly Denied
ATLANTA — In a June 8 holding, the 11th Circuit U.S. Court of Appeals agreed with a federal magistrate judge in Florida that a defendant accused of trademark infringement is not estopped from opposing arbitration.
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June 07, 2021
Juul And Pod Company Settle Trademark, Libel Suits Against Each Other
TRENTON, N.J. — A New Jersey federal judge in a two-page May 28 order said e-cigarette maker Juul Labs Inc. (JLI) and an e-cigarette pod manufacturer may file a joint motion to permanently seal confidential materials in the record after they settled JLI’s trademark claims against the manufacturer; separately, the manufacturer on May 12 filed a notice of voluntary dismissal of its claims against JLI for fraudulent misrepresentation and trade libel in a California federal court.
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June 02, 2021
$150K Award Of Profits Affirmed By 11th Circuit In Trademark Row
ATLANTA — In a June 1 holding, a panel of the 11th Circuit U.S. Court of Appeals said that because a Georgia federal judge “clearly articulated” his rationale in awarding a trademark plaintiff $150,188 in profits under a theory of deterrence and because such decisions are entitled to “great deference,” the damage award will be affirmed.
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June 01, 2021
Patent, Lanham Act Counterclaims Survive, In Part, In Delaware
WILMINGTON, Del. — Litigation between two at-home fitness machine manufacturers will proceed in Delaware with counterclaims of patent infringement intact, a federal judge ruled May 28.
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June 01, 2021
In Trademark Case Against Puma, New York Federal Judge Denies Relief
NEW YORK — A May 5 order denying a trademark owner a temporary restraining order (TRO) and preliminary injunction prohibiting Puma North America Inc. from using a sharp teeth design in connection with its apparel was explained in full on May 27 by a federal judge in New York, in a memorandum in which the court said the case is not likely to succeed.
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May 27, 2021
Relief Issued By North Carolina Federal Judge In Copyright, Trademark Row
ASHEVILLE, N.C. — A defendant was barred from providing services to any customers outside of Europe, Africa or Russia with limited exceptions, when a North Carolina federal judge on May 26 found that a copyright and trademark owner will likely succeed on its allegations of infringement.
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May 25, 2021
8th Circuit Reverses Rejection Of Initial-Interest Confusion Theory
ST. LOUIS — The Eighth Circuit U.S. Court of Appeals in a May 11 holding found that summary judgment is foreclosed where “a question of fact exists as to the level of consumer sophistication” in a case presenting an initial-interest confusion theory of trademark infringement.
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May 25, 2021
Dismissal Of Trademark Opposition Proceedings Upheld On Appeal
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on May 24 affirmed findings by the Trademark Trial and Appeal Board that there is no likelihood that consumers would be confused by various “Industry” marks used in connection with apparel and the use of “Blue Industry” on clothing.
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May 20, 2021
6th Circuit: ‘Atlas’ Trademark Infringed By Steel Shipper
CINCINNATI — A panel of the Sixth Circuit U.S. Court of Appeals on May 18 upheld a Michigan federal judge’s determination, following a bench trial, that a steel shipper was aware of a moving company’s “Atlas” trademark when it renamed two subsidiaries “Atlas Logistics LLC” and “Atlas Trucking Company LLC.”
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May 18, 2021
California Federal Judge Enjoins Sale Of Alleged Counterfeit N95 Masks
SAN JOSE, Calif. — Deeming 3M Co. likely to prevail on the merits of its trademark infringement and counterfeiting allegations, a federal judge in California on May 14 ordered six defendants to cease use of the “3M” mark in connection with N95 face masks.