Mealey's Trademarks

  • May 14, 2021

    Cosmetics Firms Debate Trademark Counterfeiting Standard In Supreme Court

    WASHINGTON, D.C. — A determination of whether trademark counterfeiting has occurred necessarily includes a finding of whether there is a likelihood of confusion by consumers, a cosmetics company argues in a May 13 opposition brief, asking the U.S. Supreme Court to deny a competitor’s petition for certiorari, suggesting that the petitioner is seeking “to rewrite the Lanham Act.”

  • May 14, 2021

    11th Circuit Hears Arguments In False Advertising Suit Over Epinephrine Labels

    MIAMI — Two pharmaceutical companies on April 20 engaged in oral arguments before the 11th Circuit U.S. Court of Appeals over whether the purported false implication that a drug has been approved by the Food and Drug Administration can support a false advertising claim under the Lanham Act.

  • May 13, 2021

    Attorney Fees Awarded Again In Dispute Over ‘Lawn Managers’ Mark

    ST. LOUIS — A defendant was ordered May 12 by a federal magistrate judge in Missouri to pay an additional $42,031.80 in attorney fees incurred by a plaintiff in the defendant’s unsuccessful challenge of an existing $138,925 attorney fee award and finding of willful trademark infringement.

  • May 13, 2021

    Amazon Files Trademark Infringement Suit Over Fraudulent Text Messages

    SEATTLE — In a May 11 trademark infringement complaint filed in Washington federal court, Inc. sued a group of John Doe defendants that it claims are responsible for text message schemes that fraudulently use the online retailer’s trademarks to entice recipients to visit the Does’ webpages for the purpose of creating web traffic that can be sold to advertisers.

  • May 05, 2021

    With Trademark Claims Voluntarily Dismissed, Contract Claim Tossed

    MINNEAPOLIS — In an April 26 order, a federal judge in Minnesota ruled that there is “no reason” to exercise supplemental jurisdiction over contract claims leveled by a franchisor in view of the franchisor’s voluntary dismissal of allegations of trademark infringement.

  • May 04, 2021

    Patent Claim Tossed, But Copyright, Trademark Claims Survive In New York

    BROOKLYN, N.Y. — The owners of two businesses associated with the “Mighty Bliss” massage device won dismissal of direct patent infringement allegations on April 29, but in the same ruling, a New York federal judge found that a related claim that the duo violated copyrights and trademarks will proceed.

  • May 04, 2021

    TRO Entered In Trade Dress, Copyright Dispute Over Plushies

    LOS ANGELES — A federal judge in California on April 29 granted an ex parte motion for a temporary restraining order (TRO), barring various defendants from manufacturing or selling a knockoff reversible octopus plushie.

  • May 04, 2021

    10th Circuit Remands Dispute Over Unregistered ‘E.R.I.C.A.’ Trademark

    DENVER — Although upholding a Colorado federal judge’s order directing the Georgia secretary of State to cancel an “E.R.I.C.A.” service mark, the 10th Circuit U.S. Court of Appeals on April 30 vacated a summary judgment that Bank of America Corp. (BofA) did not infringe the same unregistered federal mark because the district court applied an incorrect standard.

  • May 03, 2021

    Final Judgment In Longstanding Trademark Case Entered

    HARTFORD, Conn. — On remand from the U.S. Supreme Court, a federal judge in Connecticut on April 29 reinstated a jury’s advisory award of $90,759.36 in profits attributable to a defendant’s trademark infringement.

  • April 29, 2021

    11th Circuit Upholds Dismissal Of Trademark Claims By Moving Company

    ATLANTA — A federal judge in Florida did not err in concluding that a trademark infringement complaint over the domain fails to state a plausible claim for relief, the 11th Circuit U.S. Court of Appeals ruled April 28.

  • April 29, 2021

    Louis Vuitton Wins Injunction In Florida Federal Trademark Row

    MIAMI — In an April 28 order, a federal judge in Florida found that Louis Vuitton Malletier  enjoys a substantial likelihood that it will succeed on the merits of its trademark infringement and counterfeiting claims against the operators of various domains that sell fake Vuitton goods.

  • April 27, 2021

    New York Federal Judge Won’t Award Fees In Trademark Dispute

    BROOKLYN, N.Y. — A dispute over the “Pony Malta” trademark that was voluntarily dismissed will not result in an award of attorney fees on behalf of two defendants, a federal judge in New York ruled April 26.

  • April 26, 2021

    Trademark Row Between Surrogacy Agencies Transferred To N.C.

    MADISON, Wis. — Although denying dismissal, a federal judge in Wisconsin on April 22 agreed that a dispute over the “Hope Surrogacy” trademark should proceed in North Carolina, where an infringement defendant resides.

  • April 23, 2021

    9th Circuit Reinstates ‘SmartSync’ Trademark Infringement Claims

    SAN FRANCISCO — In an April 20 holding, a divided Ninth Circuit U.S. Court of Appeals said a federal judge in California erred in granting Dropbox Inc. summary judgment on allegations that a cloud storage company infringed the “SmartSync” trademark.

  • April 16, 2021

    $100 Daily Sanction Imposed In ‘Hendrix’ Copyright, Trademark Row

    NEW YORK — A federal judge in New York on April 1 ordered the brother of the late, legendary guitarist Jimi Hendrix to pay $100 per day as a penalty for continued noncompliance with court orders stemming from a copyright and trademark dispute.

  • April 14, 2021

    10th Circuit:  Franchisee Deprived Notice Of Entry Of Judgment

    DENVER — In an April 13 ruling, the 10th Circuit U.S. Court of Appeals found that although a federal judge in Oklahoma did not abuse his discretion in granting a motion to enforce a settlement agreement between a franchisor and former franchisee accused of trademark infringement, he “went too far” in entering a $200,000 judgment.

  • April 13, 2021

    5th Circuit Vacates Cancellation Of ‘Metchup’ Trademark

    NEW ORLEANS — Although upholding a Louisiana federal judge’s dismissal of allegations that H.J. Heinz Company Brands L.L.C. infringed the “Metchup” trademark, the Fifth Circuit U.S. Court of Appeals on April 12 vacated a related order canceling the mark, citing the mark owner’s intent to continue selling his mustard-and-ketchup combination product in the future.

  • April 12, 2021

    Trademark Claims Against United States To Proceed In D.C. Federal Court

    WASHINGTON, D.C. — Although dismissing allegations of false designation of origin, a federal judge in the District of Columbia on April 9 denied a request by the federal government to dismiss claims that it infringed the “Viewpoint” trademark with its annual “Federal Employee Viewpoint Survey.”

  • April 07, 2021

    Declaratory Counterclaims Won’t Be Dismissed In Copyright, Trademark Row

    NEW YORK — A request by two defendants for a declaration that they did not infringe the “Slap Chop” trademark or copyrighted product packaging with the sale of various food preparation products will proceed, a New York federal judge ruled April 5.

  • April 01, 2021

    Illinois Federal Judge Won’t Preliminarily Enjoin Use Of ‘be.’ Trademark

    CHICAGO — An Illinois-based real estate brokerage firm was unsuccessful March 31 in persuading an Illinois federal judge to bar a California-based provider of direct-to-consumer mortgage lending services from using “be.” as a trademark while the parties litigate allegations of federal and common law unfair competition.