Mealey's Trademarks

  • August 15, 2022

    Magistrate Recommends Transfer Of Infringing Domains To Debevoise

    ALEXANDRIA, Va. — A Virginia federal magistrate judge on Aug. 10 found that law firm Debevoise & Plimpton LLP had sufficiently established that the registrants of two internet domains incorporating its trademark had violated the Anti-Cybersquatting Consumer Protection Act (ACPA) by registering them in bad faith, recommending permanent transfer of the domains to the plaintiff.

  • August 09, 2022

    11th Circuit: Summary Judgment Not Warranted On False Advertising Claims

    ATLANTA — A federal judge in Florida wrongly awarded more than 30 plaintiffs summary judgment on their allegations of false advertising and false endorsement by the managing members of a Miami nightclub, the 11th Circuit U.S. Court of Appeals said Aug. 4.

  • August 09, 2022

    8th Circuit: Single Online T-Shirt Sale Does Not Confer Jurisdiction

    ST. LOUIS — Upholding a trial court’s dismissal of a trademark infringement lawsuit for lack of jurisdiction, an Eighth Circuit U.S. Court of Appeals panel on Aug. 2 ruled that a California T-Shirt company’s sale of one shirt via its website to a Missouri customer was not sufficient to constitute purposeful availment that would establish specific jurisdiction over the out-of-state defendant.

  • August 02, 2022

    Following Bench Trial, Florida Federal Judge Says Trademark Not Abandoned

    MIAMI — A federal judge in Florida on July 31 awarded a franchisor $271,250 in connection with allegations that a franchisee continued to use the “Navaka” trademark after an implied license between the parties was rescinded.

  • August 02, 2022

    2nd Circuit Reinstates False Advertising Case Over Building Codes

    NEW YORK — A sua sponte dismissal by a federal judge in New York of false advertising claims leveled over building codes was vacated and remanded, in part, by the Second Circuit U.S. Court of Appeals on July 29.

  • August 01, 2022

    Texas Federal Judge Enjoins Sale Of Certain Counterfeit Guitars

    SHERMAN, Texas — In a July 28 opinion, a federal judge in Texas declared Gibson Brands Inc. the prevailing party after a jury in May 2022 found willful infringement and counterfeiting of the Gibson trademarks by a fellow guitar maker.

  • July 27, 2022

    Trademark Dilution Claim Tossed, But Infringement Claims Survive In Massachusetts

    BOSTON — A federal judge in Massachusetts on July 25 dismissed allegations of false advertising and trademark dilution leveled against a physical therapy and surgical services provider but said a similarly named plaintiff providing similar services may proceed with the remainder of its complaint.

  • July 27, 2022

    Jurisdiction In ‘Baby Shark’ Copyright, Trademark Row Lacking

    NEW YORK — A federal judge in New York on July 21 said that because service by email on residents of China is impermissible under the Hague Convention, the owner of various copyrights and trademarks associated with the song “Baby Shark” is not entitled to a default judgment in an infringement action.

  • July 26, 2022

    Relief Partly Modified In Dispute Over Name, Dilution, Social Media

    NEW YORK — A plaintiff who successfully limited a bridal designer’s ability to use her own name in connection with her bridal design work won modification of the injunction, in part, by a federal judge in New York on July 25.

  • July 26, 2022

    2nd Circuit Undoes Trademark Injunction In Win For PepsiCo

    NEW YORK — A federal judge in New York wrongly concluded that a plaintiff’s “RISE” trademark is strong when used in connection with a canned coffee beverage, the Second Circuit U.S. Court of Appeals ruled July 22, vacating a preliminary injunction entered against PepsiCo Inc.

  • July 22, 2022

    Florida Federal Judge Trims Award In Dispute Over ‘Nextel’ Mark

    MIAMI — In a July 19 order, a federal judge in Florida said Sprint Communications LLC is entitled to less than half the $9.7 million it was awarded in April by jurors in a trademark dispute over counterfeit handheld devices.

  • July 20, 2022

    California Federal Judge Partly Grants Relief In Trade Dress Case

    SAN DIEGO — Although a dispute over the trade dress associated with a suite of dental attachment products will proceed with a preliminary injunction in place, a California federal judge ruled July 18 that the relief requested will be granted only in part.

  • July 19, 2022

    Dispute Over Pocket Stitch Design Will Proceed In Pennsylvania

    PITTSBURGH — A bid by American Eagle Outfitters Inc. (AEO) for summary judgment on its allegations of trademark infringement against Walmart Inc. was denied July 18 by a federal judge in Pennsylvania, who cited ongoing material disputes between the parties over trademark validity, secondary meaning and the likelihood of confusion.

  • July 19, 2022

    Injunction Denied In Trademark Dispute Between Restaurants

    DETROIT — A federal judge in Michigan on July 15 said allegations of trademark infringement leveled in a dispute between competing restaurants will proceed without a preliminary injunction in place.

  • July 18, 2022

    6th Circuit Reverses Double Profit Award In Trademark Row

    CINCINNATI — In a dispute that it said raises “several challenging questions” under the Lanham Act, 15 U.S.C. §§ 1051 et seq., the Sixth Circuit U.S. Court of Appeals on July 14 upheld an award of $250,000 in infringer’s profits but reversed an Ohio federal judge’s decision to double those profits in view of a defendant’s failure to disclose its cost data.

  • July 13, 2022

    Trial Court Erred In Copyright Standing, Trade Dress Analyses, Panel Says

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on July 12 said a Louisiana federal judge must revisit a copyright and trade dress infringement dispute over tableware designs.

  • July 11, 2022

    In Trademark Row, Panel Says No Guarantee Of ‘Prevailing Party’ Status

    ATLANTA — A Florida federal judge did not err in denying a trademark infringement defendant and counterclaimant a request for attorney fees, the 11th Circuit U.S. Court of Appeals ruled July 7, because neither it nor the trademark owner qualifies as a prevailing party.

  • June 30, 2022

    Panel Undoes Coca-Cola’s Effort To Cancel Soft Drink Trademarks

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on June 29 said the Trademark Trial and Appeal Board wrongly ruled in favor of The Coca-Cola Co. when it canceled two trademarks issued to a domestic soda distributor.

  • June 29, 2022

    11th Circuit Reinstates Reverse Confusion Claims Against Amazon

    ATLANTA — In a blow to Inc., the 11th Circuit U.S. Court of Appeals on June 28 said that because there are “several important differences in how the seven likelihood-of-confusion factors apply in reverse-confusion cases versus forward-confusion cases,” allegations that the online retailer infringed the “FyreTV” trademark were wrongly tossed.

  • June 28, 2022

    Florida Federal Judge Won’t Strike Jury Trial Demand In Trademark Case

    MIAMI — Efforts by two defendants to avoid a jury trial on allegations they infringed the “Baoli” trademark failed June 24 when a federal judge in Florida found that a license agreement with the trademark owner provides “ample support” for the trademark owner’s claim for actual damages.