Mealey's Trademarks
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May 22, 2023
Federal Magistrate Judge Weighs In On IV Drip Therapy Trademark Row
AUSTIN, Texas — A federal magistrate judge in Texas recommended that a motion to dismiss trademark infringement allegations be denied in a dispute over the use of “ThrIVe” in connection with intravenous drip therapy.
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May 17, 2023
In Illinois, Lanham Act Counterclaim Survives Motion To Dismiss
CHICAGO — Counterclaims that a plaintiff falsely passed off its floor preparation product as a defendant’s will proceed, for now, a federal judge in Illinois ruled May 16.
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May 16, 2023
Fastener Maker’s Claims Of ‘Up-Certing’ Partly Rejected In Trademark Row
CHICAGO — A federal judge in Illinois has trimmed allegations of trademark infringement and counterfeiting leveled by a maker of commercial and military-compliant fasteners against a reseller accused of falsely certifying that the commercial fasteners are military grade.
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May 15, 2023
Panel Says Cab Conversion Kit’s Trade Dress Could Still Be Nonfunctional
CINCINNATI — A federal judge in Tennessee must revisit a dispute over trade dress associated with a kit for converting the cab of a tractor-trailer, the Sixth Circuit U.S. Court of Appeals ruled, because genuine issues of material fact should have precluded summary judgment in favor of a defendant.
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May 15, 2023
10th Circuit: Confusion Over Credit Union Trademarks Unlikely
DENVER — The 10th Circuit U.S. Court of Appeals affirmed findings by a federal judge in Utah that competing trademarks used by two credit unions in distinct geographic markets and with differing eligibility restrictions are unlikely to create confusion among consumers.
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May 10, 2023
In Cheats Software Row, Video Game Maker’s Request For Award Largely Granted
SEATTLE — In a May 9 judgment, a federal judge in Washington said a copyright and trademark infringement plaintiff is entitled to a more than $6.7 million award in connection with sales of software that allows users to cheat while playing the video game “Destiny 2.”
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May 05, 2023
Amended Lanham Act Claims Against Meta Survive Motion To Dismiss
SAN FRANCISCO — Allegations by a copyright owner that advertisements on Facebook mislead customers into thinking that the advertisers sell her artwork will proceed, a federal judge in California ruled May 4 in denying a motion to dismiss by Meta Platforms Inc.
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May 04, 2023
Cuban Tobacco Company Says Cigar Competitor Can’t Fight Trademark’s Cancellation
ALEXANDRIA, Va. — Cuba’s state-owned tobacco company filed its answer and affirmative defenses in Virginia federal court to an American cigar company’s appeal seeking the reversal and vacatur of a Trademark Trial and Appeal Board (TTAB) decision canceling its trademarks, arguing that the American company is barred from challenging the ruling based on a Federal Circuit U.S. Court of Appeals ruling and the American company’s decades of use of a trademark that originated in Cuba.
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May 04, 2023
Panel Says Jurisdiction Lacking In ‘Baby Shark’ Copyright, Trademark Row
NEW YORK — A July 2021 ruling by a federal judge in New York denying entry of a default judgment in a copyright and trademark infringement case was neither a “final decision” nor an order that can be appealed on an interlocutory basis, the Second Circuit U.S. Court of Appeals said May 3.
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May 04, 2023
In New York Trademark, Patent Case, Inequitable Conduct Counterclaim Is Allowed
CENTRAL ISLIP, N.Y. — An infringement defendant has secured permission from a federal magistrate judge in New York to file amended counterclaims challenging the enforceability of a patented proprietary system for mixing liquid components for dental applications.
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May 03, 2023
Bribery Claim By Failed Copyright, Trademark Plaintiffs Leads To Sanction
BROOKLYN, N.Y. — Two pro se copyright and trademark plaintiffs were each sanctioned $500 on May 2 following their December claim that bribery led a New York federal judge to refuse to seek input from the Register of Copyrights about the validity of a registration.
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May 01, 2023
Alabama Federal Magistrate Judge: Dismiss Copyright, Trademark Claims
MOBILE, Ala. — In an April 28 report and recommendation, a federal magistrate judge in Alabama said a copyright and trademark dispute over dog shampoo marketed as “pet friendly” should be dismissed.
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May 01, 2023
Bid For Discovery Conference In Trademark, Copyright Row Denied In New York
NEW YORK — A dismissal in September 2022 of a counterclaim for copyright infringement means a plaintiff is not entitled to seek additional discovery on the claim, “presumably” in anticipation of a forthcoming request for attorney fees, a federal magistrate judge in New York ruled.
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April 28, 2023
False Advertising Plaintiff Suffered No Injuries, 11th Circuit Concludes
ATLANTA — A per curiam panel of the 11th Circuit U.S. Court of Appeals said it lacks jurisdiction to entertain an appeal by a cybersecurity company of a grant of summary judgment in favor of Microsoft Corp. because the appellant submitted no evidence that it “suffered any injury at all.”
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April 28, 2023
‘Trump’ Mark Holder Opposes PTO’s Certiorari Petition Over Public Figures’ Names
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals finding a violation of the First Amendment to the U.S. Constitution in the denial of trademark registrations that contained the name of a public figure does not merit a grant of certiorari, the trademark holder tells the U.S. Supreme Court in a brief opposing a petition by the U.S. Patent and Trademark Office (PTO), arguing that the agency does not cite any circuit split or raise any other issues that would merit review.
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April 27, 2023
Florida Federal Judge Enjoins E-Tailers In Trademark, Copyright Row
MIAMI — In an April 26 ruling granting a preliminary injunction, a federal judge in Florida said a restraint on the assets of myriad trademark and copyright infringement defendants set forth within a recent temporary restraining order (TRO) would be continued.
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April 26, 2023
Monster Energy Bid For Default Judgment Denied In Washington
SEATTLE — Citing a failure by trademark infringement plaintiff Monster Energy Co. to establish the types of goods or services sold or advertised by an accused infringer, a federal judge in Washington on April 25 denied a motion for entry of default judgment and warned the energy drink company that its case could lack merit.
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April 25, 2023
Dispute Over Swim School Trade Dress Will Go To Trial In Texas
HOUSTON — Material disputes of fact exist with regard to whether a plaintiff’s swim school trade dress has acquired secondary meaning as well as whether it is infringed by a defendant, a federal magistrate judge in Texas ruled in assessing competing motions for summary judgment.
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April 21, 2023
Request For $34M In Disgorged Profits Rejected In Rolling Paper Row
CHICAGO — A rolling paper company deemed liable by jurors for copyright and trademark infringement that nonetheless prevailed on its own claim for common-law unfair competition will not be awarded disgorged profits, a federal judge in Illinois ruled.
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April 21, 2023
Oklahoma Federal Judge Enjoins Franchises From Using ‘Pizza Inn’ Mark
OKLAHOMA CITY — A dispute between a franchisor and two former franchisees over continued use of the “Pizza Inn” trademarks in connection with two Oklahoma restaurants yielded a preliminary injunction, when a federal judge said consumers would likely be confused if relief is not entered.
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April 19, 2023
In Minnesota Trademark Row, Judge Sanctions ‘Contumacious’ Conduct
MINNEAPOLIS — A trademark infringement and dilution plaintiff’s request for sanctions against a former licensee and his company was granted April 18 by a federal judge in Minnesota, who said the defendants “contumacious, repeated and dilatory conduct” warrants entry of a default judgment.
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April 18, 2023
Judgment On The Pleadings In Copyright, Trademark Case Denied In Florida
TAMPA, Fla. — A bid by a defendant embroiled in a dispute over ownership of copyrights and common-law trademarks associated with the television series “The Seahunter” for judgment on the pleadings was denied April 17 by a Florida federal judge, who said the parties should instead complete discovery.
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April 18, 2023
Wisconsin Federal Judge Trims Lanham Act Claims Over ‘Prevagen’ Sales
MADISON, Wis. — In responding to a Wisconsin federal judge’s order requiring it to bolster its jurisdictional allegations that a trademark owner revealed that the sales upon which it based its infringement claims involved genuine products, dooming the bulk of the operative complaint, the judge recently found.
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April 17, 2023
Board Denial Of ‘Spark Living’ Trademark Registration Affirmed
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals found no error in a determination by the U.S. Patent and Trademark Office (USPTO)’s Trademark Trial and Appeal Board that a proposed “Spark Living” trademark for residential real estate services would cause confusion with an existing registration for “Spark.”
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April 12, 2023
Copyright, Trade Secret, Lanham Act Case Against TikTok To Remain In Texas
WACO, Texas — Efforts by TikTok Inc. and others to transfer copyright infringement, trade secret and false advertising claims leveled against them to California federal court failed April 11, when a Texas federal magistrate judge said the defendants failed to show that a different venue would clearly be more convenient.