Mealey's Trademarks

  • October 14, 2021

    Settlement Announced In Infringement Dispute Over Seuss Works

    SAN DIEGO — In an order issued Oct. 11, a federal judge in California permanently enjoined four defendants accused of infringing copyrights associated with “Oh, the Places You’ll Go!” (“Go”) and other works by Dr. Seuss Enterprise LP (DSE), after the parties announced they had settled their dispute.

  • October 14, 2021

    Pocky Maker, Rival Argue Trade Dress Functionality In Supreme Court Briefs

    WASHINGTON, D.C. — In an Oct. 12 reply brief supporting its petition for certiorari, the maker of Pocky says that the Third Circuit U.S. Court of Appeals erred in finding the snack food’s trade dress to be functional and, therefore, not protectable, asking the U.S. Supreme Court to clarify the standard for determining functionality and to resolve a circuit split on the topic.

  • October 08, 2021

    9th Circuit Majority Affirms Dismissal Of False Advertising Claims

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals ruled Oct. 7 that a district court properly found that no evidence supports a medical company’s claims that laboratories and doctors switched to a competitors’ blood tests based on false advertising, while a dissenting judge said the district court erred and that triable issues exist.

  • October 07, 2021

    Federal Circuit Affirms: Appellant Not Owner Of Patents, Trademarks

    WASHINGTON, D.C. — In an Oct. 6 holding, the Federal Circuit U.S. Court of Appeals agreed with a federal judge in Minnesota that allegations of patent and trademark infringement leveled against Target Brands Inc. cannot proceed because the plaintiff in the case does not own the intellectual property he asserted.

  • October 07, 2021

    Magistrate Says Expert Is Qualified; Parties To Confer Before Methodology Ruling

    DENVER — The failure of a cell phone case manufacturer to confer with the company it sued for trademark infringement before moving to exclude expert witnesses is grounds for denial of that motion, a Colorado federal magistrate judge ruled Sept. 27, but in the interest of “meaningful negotiations” over the methodology, she denied the motion in part without prejudice and found that the expert meets the qualification standard under Daubert v. Merrell Dow Pharmaceuticals Inc.

  • October 06, 2021

    Juul Sues New York Tobacco Distributor For Illegal Gray-Market Sales

    BROOKLYN, N.Y. — E-cigarette maker Juul Labs Inc. (JLI) on Sept. 28 filed a complaint in a New York federal court alleging that a New York tobacco distributor is selling counterfeit and gray-market Juul products in violation of federal trademark infringement law.

  • October 06, 2021

    Panel: Wrong Test Applied When Fee Request Denied In Trademark Row

    PHILADELPHIA — In an Oct. 5 ruling reversing and remanding, the Third Circuit U.S. Court of Appeals critiqued a Pennsylvania federal judge’s denial of a defendant’s request for attorney fees in a dispute over the “Wholesale Fireworks” trademark.

  • October 05, 2021

    High Court Denies Cert In Dispute Over Federal Circuit Summary Dispositions

    WASHINGTON, D.C. — A challenge by a patent and trade dress owner to the Federal Circuit U.S. Court of Appeals’ practice of affirming court rulings with one-word judgments failed Oct. 4 to persuade the U.S. Supreme Court to take up the case.

  • October 01, 2021

    Dental Equipment Firm Seeks High Court Guidance On Trademark Functionality Test

    WASHINGTON, D.C.  — In a Sept. 16 petition for certiorari, a Swiss dental equipment company asks the U.S. Supreme Court to resolve a circuit split over the proper guidelines for determining whether a product’s trademark or trade dress is functional and, therefore, unprotectable under the Lanham Act.

  • October 01, 2021

    Supreme Court Asked To Review Sovereign Immunity Criteria In ‘France.com’ Dispute

    WASHINGTON, D.C. — Appealing a ruling that the Foreign Sovereign Immunities Act (FSIA) entitled France to sovereign immunity in a trademark infringement and cybersquatting lawsuit, the operator of a French tourism website asks the U.S. Supreme Court in a Sept. 16 petition for certiorari to review and resolve the proper method of determining whether a foreign sovereign is entitled to immunity.

  • September 30, 2021

    11th Circuit Finds No Error In Denial Of Fee Request In Trademark Row

    ATLANTA — A Florida federal judge correctly rejected a request for $90,000 in attorney fees by two former trademark infringement defendants because they do not qualify as prevailing parties, the 11th Circuit U.S. Court of Appeals said Sept. 27.

  • September 30, 2021

    N.Y. Federal Judge Tosses Patent Claims, Won’t Allow Lanham Act, Copyright Claims

    NEW YORK — An action seeking a declaration of patent noninfringement, invalidity and unenforceability was dismissed Sept. 28 by a federal judge in New York, who also rejected the plaintiff’s bid to amend its complaint to add declaratory judgment claims of no copyright infringement and no false advertising under the Lanham Act.

  • September 30, 2021

    N.Y. Federal Judge Sides With NBA Player In Copyright, Trademark Row

    BROOKLYN, N.Y. — In an 85-page order issued Sept. 27, a federal judge in New York rejected allegations of copyright and trademark infringement leveled against National Basketball Association (NBA) player Terry Rozier in connection with the “Ghost Face” mask made famous in the movie “Scream.”

  • September 29, 2021

    Carmen Electra, Models Tell High Court Image Use Claims Not Just For Celebrities

    WASHINGTON, D.C. — The Second Circuit U.S. Court of Appeals erred in finding that Lanham Act claims for the misappropriation of an individual’s image require a showing that a photo subject is a celebrity, a group of models, including Carmen Electra, argue in a Sept. 13 petition for certiorari, asking the U.S. Supreme Court to clarify the proper standard to support such claims.

  • September 29, 2021

    11th Circuit Affirms: Trademark Not Infringed By Supplement Maker

    ATLANTA — A Florida federal judge did not err in rejecting direct and vicarious trademark infringement allegations by the owner of the “Healthprint” trademark, the 11th Circuit U.S. Court of Appeals ruled Sept. 28.

  • September 24, 2021

    Copyright, False Advertising Counterclaims Dismissed By N.Y. Federal Judge

    NEW YORK — A dispute over the digitization of various material relating to the artist Amodeo Modigliani will proceed without counterclaims of copyright infringement and false advertising, a federal judge in New York ruled Sept. 22.

  • September 24, 2021

    Federal Circuit Rejects Mandamus Bid, Clears Path For New Patent Trial

    WASHINGTON, D.C. — In a Sept. 22 order, the Federal Circuit U.S. Court of Appeals denied a petition for mandamus by a patent owner seeking reversal of a Delaware federal judge’s decision to order a new trial on allegations of patent infringement.

  • September 21, 2021

    Request For Trademark Cancellation Does Not Preclude Infringement Case

    PHILADELPHIA — In a Sept. 17 holding, the Third Circuit U.S. Court of Appeals reversed and remanded findings by a New Jersey federal judge that a plaintiff’s request for cancellation of “The Ebonys” trademark by the Trademark Trial and Appeal Board (TTAB) precludes a subsequent complaint for trademark infringement.

  • September 20, 2021

    Dismissal By Trademark Board Of Opposition To Registration Upheld

    WASHINGTON, D.C. — An appellant’s challenge to a decision by the Trademark Trial and Appeal Board dismissing his opposition to registration of the “Coca-Cola Energy” trademark was unsuccessful Sept. 16, when the Federal Circuit U.S. Court of Appeals said the appeal lacks merit.

  • September 16, 2021

    Graffiti Artists Say Apparel Company Wrongly Used Mural In Ads

    LOS ANGELES — Two artists on Sept. 14 filed a complaint in California federal court alleging that an apparel company violated federal trademark law and California’s unfair competition law (UCL) by using images of their graffiti mural in its advertisements.