Mealey's Trademarks
-
November 16, 2021
Soccer Club’s Trademark Infringement, Cybersquatting Claims Survive Dismissal
DALLAS — A Texas-based soccer club sufficiently alleged that the name and internet domain another soccer club adopted for a tournament were confusingly similar to those used for its long-running tournament, a Texas federal judge ruled Nov. 12, declining to dismiss the plaintiff’s trademark infringement and cybersquatting claims, while disposing of trademark dilution and unjust enrichment claims.
-
November 16, 2021
Federal Circuit Vacates, Remands Dispute Over ‘Galperti’ Trademark
WASHINGTON, D.C. — In its second ruling in the case, the Federal Circuit U.S. Court of Appeals on Nov. 9 found two legal errors in a decision by the Trademark Trial and Appeal Board that found no proven falsity in a trademark applicant’s statement that its use of the “Galperti” trademark was “substantially exclusive.”
-
November 16, 2021
Utah Federal Judge: Franchisor Must Pay Ex-Franchisee $810,476 In Fees
SALT LAKE CITY — Competing motions for attorney fees were resolved Nov. 2 in favor of a counterclaimant by a Utah federal judge who found that Mrs. Fields Franchising LLC does not qualify as a prevailing party in its breach of contract dispute with a franchisee.
-
November 15, 2021
Cert Denied In Dispute Over Limitations Period For False Advertising Claims
WASHINGTON, D.C. — In its Nov. 15 order list, the U.S. Supreme Court revealed that it will not review findings by the Fourth Circuit U.S. Court of Appeals that a Virginia federal judge erred in reading a limitations period into federal false advertising law where none currently exists.
-
November 11, 2021
France Defends Its Immunity From ‘France.com’ Transfer Row To U.S. Supreme Court
WASHINGTON, D.C. — The Fourth Circuit U.S. Court of Appeals properly found that the commercial activity exception did not defeat its sovereign immunity from a cybersquatting lawsuit under the Foreign Sovereign Immunities Act (FSIA), France argues in a Nov. 9 brief opposing a petition for certiorari by the former owner of the France.com internet domain, telling the U.S. Supreme Court that there is no circuit split on the application of sovereign immunity under the statute.
-
November 11, 2021
Jury Rejects Copyright, Trademark Claims Over Atari, Pong Graphics
SAN FRANCISCO — Following a five-day trial and two hours of deliberation, a jury empaneled in California federal court on Nov. 4 sided with a “print-on-demand” online business accused of infringing Atari Interactive Inc. copyrights and trademarks.
-
November 09, 2021
Default Judgment Entered Against Alleged Counterfeiter In Copyright, UCL Case
SANTA ANA, Calif. — A California federal judge on Oct. 27 granted a default judgment and permanent injunction against an alleged counterfeiter of vaping products in an action filed by a hemp vaping products manufacturer alleging copyright infringement and violation of federal unfair competition law, California’s unfair competition law (UCL) and false advertising law (FAL), finding that default judgment was warranted because the manufacturer stated a claim upon which it may recover under applicable statutory law and a permanent injunction was warranted because the manufacturer will continue to face irreparable harm without it.
-
November 02, 2021
In Illinois Patent Row, Lanham Act Counterclaims Dismissed By Federal Judge
CHICAGO — A patent owner won dismissal Nov. 1 of allegations leveled in Illinois federal court that it engaged in deceptive advertising when it contacted the customers of an infringement defendant.
-
November 01, 2021
In ‘Pocky’ Trade Dress Dispute, Supreme Court Denies Certiorari
WASHINGTON, D.C. — A determination by the Third Circuit U.S. Court of Appeals that the trade dress associated with the stick-shaped cookie known as “Pocky” is functional and thus not protectable will not be reviewed, the U.S. Supreme Court announced in its Nov. 1 orders list.
-
October 29, 2021
Strip Clubs Ask High Court To Deny Models’ Cert For Lanham Act Image Use Question
WASHINGTON, D.C. — Three strip clubs, which were sued by a group of models for unauthorized use of their likenesses, filed a brief in the U.S. Supreme Court on Oct. 14, opposing the models’ petition for certiorari for a question asking whether the Lanham Act only protects image rights for celebrities.
-
October 28, 2021
Denial Of Petition To Cancel ‘Brooklyn Brew Shop’ Mark Partly Upheld
WASHINGTON, D.C. — In an Oct. 27 holding, the Federal Circuit found no error in a decision by the Trademark Trial and Appeal Board to deny a petition to cancel the “Brooklyn Brew Shop” trademark, but in the same ruling vacated and remanded the board’s failure to enter judgment in favor of the petitioner on certain “Class 32” goods later deleted from the application.
-
October 27, 2021
In Illinois Trademark Row, NFL Properties Ordered To Shore Up Complaint
CHICAGO — A request by NFL Properties LLC for a temporary restraining order against 228 defendants was taken under advisement on Oct. 26 by a federal judge in Illinois, who, instead of granting the motion, directed the licensing arm of the National Football League to show cause for why the case should not be severed for misjoinder.
-
October 26, 2021
No Live Gameplay In Planned Copyright, Trademark Trial
SAN FRANCISCO — A federal judge in California on Oct. 24 barred Atari Interactive Inc. from using an “Atari 2600” console at trial to perform a live gameplay demonstration in support of its copyright and trademark infringement allegations against a defendant.
-
October 26, 2021
9th Circuit Affirms Dismissal Of Challenge To Validity Of California Indian Tribe
SAN FRANCISCO — On a second trip to the Ninth Circuit U.S. Court of Appeals in a more than 10-year legal battle over who is the rightful leader of a California Indian tribe, the plaintiff / appellant lost again when a panel of the court on Oct. 20 affirmed dismissal of his case and denial of his counterclaims.
-
October 25, 2021
In Florida Dispute Over ‘Casey Key’ Mark, Dismissal Granted
TAMPA, Fla. — Citing a plaintiff’s failure to adequately plead that its “Casey Key” service marks are inherently distinctive or have acquired secondary meaning, as well as the plaintiff’s failure to establish prior use of the same marks, a federal judge in Florida on Oct. 20 granted a motion to dismiss filed by a defendant operating two nearby resorts under a nearly identical name.
-
October 25, 2021
Facebook Asks 3rd Circuit To Rehear Appeal Over CDA Immunity For Publicity Rights
PHILADELPHIA — One month after the Third Circuit U.S. Court of Appeals vacated a trial court’s finding that Facebook Inc. was entitled to immunity under Section 230 of the Communications Decency Act (CDA) from a news anchor’s lawsuit over the unauthorized use of her photograph, the social network on Oct. 21 filed a petition for rehearing en banc, arguing that a panel erred in finding that the plaintiff’s right of publicity claim fell under the statute’s intellectual property exception, thereby defeating immunity.
-
October 22, 2021
Federal Circuit Upholds Denial Of Petition To Cancel ‘Super Cruise’ Mark
WASHINGTON, D.C. — Efforts to cancel General Motors LLC’s “Super Cruise” standard character trademark were properly rejected by the Trademark Trial and Appeal Board, the Federal Circuit U.S. Court of Appeals affirmed Oct. 12.
-
October 21, 2021
‘BossBabe’ Trademark Dispute To Stay In Florida, Federal Judge Rules
TAMPA, Fla. — A request by a trademark infringement defendant to dismiss the case on grounds of improper venue failed Oct. 20, when a federal judge in Florida ruled that the defendant’s own admissions “establish that venue is appropriate and convenient.”
-
October 19, 2021
3rd Circuit: CDA Doesn’t Bar TV Anchor’s Publicity Rights Claim Against Facebook
PHILADELPHIA — The limitation that prevents the immunity provisions of Section 230 of the Communications Decency Act (CDA) from applying to intellectual property claims extends to a news anchor’s Pennsylvania law publicity rights claim against Facebook Inc., a Third Circuit U.S. Court of Appeals held in a precedential Sept. 23 ruling, vacating a trial court’s dismissal of Karen Hepp’s claim related to the misappropriation of her likeness by the social network in an advertisement.
-
October 19, 2021
Yeti Coolers Granted Preliminary Injunction In Online Piracy Suit
FORT LAUDERDALE, Fla. — A Florida federal judge on Oct. 14 granted a preliminary injunction to Yeti Coolers LLC in a suit alleging trademark infringement and cybersquatting by numerous websites and unnamed defendants accused of selling counterfeit goods, with the judge barring the site operators from transferring assets and ownership of the websites.