Mealey's Trademarks

  • January 06, 2022

    3rd Circuit Vacates No Coverage Ruling For ‘Vitamin Energy’ Advertising Dispute

    PHILADELPHIA — The Third Circuit U.S. Court of Appeals on Jan. 5 held that the manufacturer and marketer of a vitamin energy shot has carried its “light” burden to establish that its insurer has a duty to defend it against an underlying false advertising lawsuit brought by a competitor, vacating and remanding a lower federal court’s ruling in favor of the insurer.

  • January 06, 2022

    In Florida Dispute Over ‘Commodores’ Mark, Relief Won’t Be Modified

    ORLANDO, Fla. — A federal judge in Florida on Jan. 5 refused to modify the terms of a global permanent injunction to allow defendants to use the “Commodores” trademark within the European Union (EU).

  • January 05, 2022

    D.C. Federal Judge: Trademark Dispute Belongs In California

    WASHINGTON, D.C. — Allegations of infringement leveled over the “San Diego Employment Law Group” trademark were transferred Jan. 4 to California federal court by a District of Columbia federal judge, who reserved judgment on a defendant’s motion to dismiss “with the intention that the motion will be ripe for decision by the transferee court.”

  • January 04, 2022

    In Texas Dispute Over ‘Transparent Energy’ Mark, Summary Judgment Denied

    DALLAS — In a Dec. 29 order a federal magistrate judge in Texas said factual questions over the validity of “Transparent Energy” as a trademark preclude awarding summary judgment to a defendant accused of infringement.

  • January 04, 2022

    In Alabama Trademark Row, Magistrate Judge Says Confusion Unlikely

    BIRMINGHAM, Ala. — Allegations of infringement leveled in connection with “Weigh to Live” and “Weigh to Wellness” were dismissed with prejudice on Dec. 29 by a federal magistrate judge in Alabama, on grounds that consumers were not likely to be confused by the competing trademarks.

  • January 04, 2022

    City Of New York Wins Trademark Injunction Against Cannabis Retailer

    NEW YORK — In an order issued Dec. 21, a federal judge in New York granted the city of New York a preliminary injunction barring a cannabis retailer from using logos that are confusingly similar to city trademarks.

  • December 22, 2021

    2nd Circuit:  Dispute Over Counterfeit Light Designs Belongs In Federal Circuit

    NEW YORK — In a Dec. 21 summary order, a panel of the Second Circuit U.S. Court of Appeals transferred to the Federal Circuit U.S. Court of Appeals a challenge by a defendant to a preliminary injunction barring him from selling alleged counterfeit lighting designs.

  • December 21, 2021

    Opposition To Trademark Registration Properly Rejected, Federal Circuit Says

    WASHINGTON, D.C. — The Trademark Trial and Appeal Board did not err in turning away opposition to an application to register the “Sky Cinemas” trademark because it is unlikely that consumers would be confused between “Sky Cinemas” and various other trademarks for “Sky,” the Federal Circuit U.S. Court of Appeals ruled Dec. 17.

  • December 14, 2021

    On Heels Of Trial Win, Liquor Wholesaler Seeks $3.4M In Attorney Fees

    ST. LOUIS — In a Dec. 7 filing in Missouri federal court, a plaintiff who was recently awarded $11.75 million by jurors on its allegation that Mast-Jägermeister US Inc. (Jägermeister) violated Missouri franchise law when it terminated a distribution agreement without good cause moved for an award of $3.4 million in attorney fees, arguing that “there can be no dispute” that it is the prevailing party in the case.

  • December 13, 2021

    High Court Denies Certiorari In Lawsuit Over Ownership Of Domain

    WASHINGTON, D.C. — The U.S. Supreme Court on Dec. 13 declined to weigh in on the application of the Foreign Sovereign Immunities Act (FSIA) in a dispute between France and the former owner of the internet domain, letting stand a Fourth Circuit U.S. Court of Appeals ruling that found the country immune from cybersquatting and trademark infringement claims against it.

  • December 09, 2021

    High Court Asked To Reverse Certiorari Denial In Pocky Trade Dress Dispute

    WASHINGTON, D.C. — Three weeks after the U.S. Supreme Court denied its petition for certiorari in a case centering on trade dress functionality and protectability, the maker of Pocky snacks filed a petition for rehearing on Nov. 23, arguing that a pending certiorari petition in another lawsuit asks essentially the same question and will likely have an impact on a ruling by the Third Circuit U.S. Court of Appeals in the present case.

  • December 08, 2021

    In California Dispute Over ‘W*nder’ Trademark, Injunction Request Denied

    SAN FRANCISCO — Allegations of trademark infringement leveled in connection with the use of “W*nder” for carbonated beverages infused with cannabis additives will proceed without a preliminary injunction in place, a federal judge in California ruled Dec. 6.

  • December 02, 2021

    Australia Supports Petitioner In Supreme Court Uggs Trademark Dispute

    WASHINGTON, D.C. — In a Nov. 5 amicus curiae brief, the government of the Commonwealth of Australia asked the U.S. Supreme Court to grant certiorari to an Australian company that was found to have infringed the “Uggs” trademark, arguing that a trial court did not properly apply the doctrine of foreign equivalents when considering the trademark, which is a generic term in Australia.

  • November 29, 2021

    Federal Circuit Reverses Trademark Board Priority Determination

    WASHINGTON, D.C. — A denial by the Trademark Trial and Appeal Board of a petition to cancel two “Money Mart” registrations was reversed and remanded Nov. 24 by the Federal Circuit U.S. Court of Appeals, which found that the board’s determination of priority was erroneous.

  • November 29, 2021

    High Court Petitioner Says Gravamen Of Spat Is Trademark Infringement

    WASHINGTON, D.C. — In a Nov. 22 reply brief supporting its petition for certiorari in the U.S. Supreme Court, the former owner of the domain faults the Fourth Circuit U.S. Court of Appeals for using the wrong actual harm criteria in reaching its conclusion that the gravamen of its complaint against France was a French court’s ruling transferring ownership of the domain rather than trademark infringement.

  • November 22, 2021

    Trademark Claims By Specialty Food Importer Survive Dismissal Bid

    BROOKLYN, N.Y. — In a Nov. 18 holding, a federal judge in New York said that a trademark and unfair competition dispute between competing importers of European specialty foods will proceed, for it is not barred by the doctrine of collateral estoppel.

  • November 22, 2021

    In Lanham Act Row With Strip Clubs, Cert Petition By Models Turned Away

    WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 22 refused to weigh in on a dispute that poses the question of whether the Lanham Act protects image rights only for celebrities.

  • November 19, 2021

    3rd Circuit Denies Facebook’s Rehearing Bid In TV Anchor’s Publicity Rights Suit

    PHILADELPHIA — A Third Circuit U.S. Court of Appeals panel’s ruling that the Communications Decency Act (CDA) does not shield Facebook Inc. from a news anchor’s right of publicity suit won’t be reconsidered, Judge Thomas M. Hardiman reported in a Nov. 17 ruling, stating that a majority of the circuit court’s judges voted against Facebook’s motion for rehearing en banc.

  • November 18, 2021

    Infringement Action Over ‘Skittles’ Mark Will Remain In Illinois

    CHICAGO — A federal judge in Illinois on Nov. 17 said a defendant accused of infringing the “Skittles” trademark by branding cannabis and drug paraphernalia with ‘Zkittlesz’ failed to establish that California is a more convenient forum.

  • November 16, 2021

    In ‘Dr. Martens’ Trade Dress Dispute, Defendant Permanently Enjoined

    SAN FRANCISCO — Following a jury trial in August 2021, a federal judge in California issued a permanent injunction on Nov. 15 barring a defendant from designing and manufacturing boots that infringe upon the “Dr. Martens” trade dress, including boots with yellow stitching, a two-toned grooved sole edge, a tab on the back heel and other features.

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