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Preview: LexisNexis® Mealey's™ Trademarks Legal News

LexisNexis® Mealey's™ Trademarks Legal News

Headline Trademarks Legal News from LexisNexis®


New York Federal Judge Issues $19.35 Million Award In Trademark Case
NEW YORK - A dispute over engagement rings marketed by Costco Wholesale Corp. with ?Tiffany? signage ended in a $19.35 million award on Aug. 14, when a New York federal judge agreed that the jeweler is entitled to trebled damages (Tiffany and Company v. Costco Wholesale Corp., No. 13-1041, S.D. N.Y., 2017 U.S. Dist. LEXIS 128946).

Virginia Federal Judge Directs Trademark Office To Register
ALEXANDRIA, Va. - In an Aug. 9 ruling, a Virginia federal judge declared ? a descriptive trademark that has acquired secondary meaning in Class 43 for hotel reservation services ( B.V. v. Joseph Matal, No. 16-425, E.D. Va., 2017 U.S. Dist. LEXIS 126320).

Federal Circuit Vacates, Remands Trademark Board ?Earnhardt? Ruling
WASHINGTON, D.C. - Findings by the Trademark Trial and Appeal Board (TTAB) that the mark ?Earnhardt Collection? is not primarily merely a surname may have relied on an improper application of In re: Hutchinson Technology Inc., the Federal Circuit U.S. Court of Appeals ruled July 27 (Teresa H. Earnhardt v. Kerry Earnhardt Inc., No. 16-1939, Fed. Cir., 2017 U.S. App. LEXIS 13576).

Federal Circuit Vacates Fee Rulings In Patent, Trademark Dispute
WASHINGTON, D.C. - A decision by a Connecticut federal judge to award fees under the Patent Act, 35 U.S.C. 285, but deny a similar award in connection with a jury?s finding of trademark infringement was vacated Aug. 9 by a divided Federal Circuit U.S. Court of Appeals (Romag Fasteners Inc. v. Fossil Inc., Nos. 2016-1115, 2016-1116, 2016-1842, Fed. Cir., 2017 U.S. App. LEXIS 14644).

Judge Says UPS Franchisees Lack Standing To Bring False Advertising Claims
NEW YORK - A New York federal judge on Aug. 2 granted summary judgment to The UPS Store Inc., United Parcel Service and owners of Manhattan UPS stores accused of false advertising under the Lanham Act, saying that UPS franchisees lacked standing to bring their claims (The UPS Store, Inc., et al. v. Robert Hagan, et al., No. 14-cv-1210, S.D. N.Y., 2017 U.S. Dist. LEXIS 121352).

9th Circuit Remands Trademark Case, Finds Confusion Likely
SAN FRANCISCO - An Arizona federal judge erred in his assessment of likelihood of confusion following a trademark infringement bench trial but properly rejected a defendant?s effort to invoke a doctrine established by the U.S. Supreme Court in a pair of decisions issued in the early 20th century, the Ninth Circuit U.S. Court of Appeals ruled July 11 (Stone Creek Inc. v. Omnia Italian Design Inc., No. 15-17418, 9th Cir., 2017 U.S. App. LEXIS 12393).

New York Federal Judge Sides With Trademark Owner, Issues Relief
ALBANY, N.Y. - A dispute over the ?FLAX? trademark was resolved Aug. 1 in favor of the mark owner, when a New York federal judge found that a defendant?s use of ?Dr. Flax? was likely to cause confusion (Heartland Trademarks Ltd. v. Dr. Flax LLC, No. 17-795, N.D. N.Y., 2017 U.S. Dist. LEXIS 120440).

Florida Federal Judge Dismisses Counterfeit Tobacco Pipe Lawsuit
MIAMI. - A federal judge in Florida on July 7 denied a glass-pipe maker?s motion for default judgment in a copyright infringement suit and dismissed the suit without prejudice after finding that the plaintiff ?lacks standing to pursue its federal claims? and the court lacks subject matter jurisdiction (Sream Inc. v. Mayasam, Inc., No. 16-cv-24825, S.D. Fla., 2017 U.S. Dist. LEXIS 106100).

Mattress Seller, Review Website Settle, Dismiss False Advertising Lawsuit
NEW YORK - In a July 28 stipulation of dismissal filed in New York federal court, an online mattress retailer and a mattress review website operator announced that they have settled their respective false advertising claims, brought under the Lanham Act and state law (Casper Sleep Inc. v. Derek Hales, et al., No. 1:16-cv-03223, S.D. N.Y.).

11th Circuit Upholds Rejection Of Copyright, Trademark Claims
ATLANTA - Allegations that a copyright and trademark infringement defendant befriended a plaintiff under false pretenses in order to misappropriate portions of her autobiography for a line of perfumes were properly rejected by a Georgia federal judge, the 11th Circuit U.S. Court of Appeals ruled July 18 (Daisy Byrd Mobley v. Claire Fermont-Langlais, et al., No. 16-12340, 11th Cir., 2017 U.S. App. LEXIS 12841).

Dismissal Denied For Tobacco Product Distributor In Trademark Infringement Suit
CHICAGO - A federal judge in Illinois on Aug. 7 denied a motion to dismiss brought by a counterdefendant in a tobacco product trademark infringement suit after finding that the court had jurisdiction over the counterclaims because the counterdefendant, which is based in California, has done business in Illinois (Republic Technologies, et al. v. BBK Tobacco & Foods, No. 16-CV-3401, N.D. Ill., 2017 U.S. Dist. LEXIS 124673).

Texas Federal Judge Cuts Fees For Salon Franchisor In Breach Of Contract Suit
HOUSTON - A Texas federal judge on July 27 awarded a hair salon franchisor $26,900 in attorney fees and $8,649.42 in litigation expenses and court costs, less than the $62,344 the franchisor was seeking, in a case against a former franchisee alleging breach of contract, unfair competition and trademark and trade dress infringement, finding duplication of effort between the two law firms that worked on the case (Fantastic Sams Franchise Corporation v. Gerald Mosley, No. 16-2318, S.D. Texas; 2016 U.S. Dist. LEXIS 177941).

Texas Federal Judge Grants Motion To Amend Restaurant Franchisor?s Trademark Suit
AUSTIN, Texas - A Texas federal judge on July 31 granted a motion to file a second amended complaint requested by restaurant franchisors and denied a restaurant group?s motion to dismiss the trademark infringement lawsuit, saying that the defendant would not suffer undue prejudice and that it did not appear to be an effort to circumvent the defendant?s motion to dismiss the suit (Stockade Cos. LLC, et al. v. Kelly Restaurant Group LLC, No. 1:17-cv-143, W.D. Texas, 2017 U.S. Dist. LEXIS 120012).

Judge Vacates Default Ruling In Athletic Apparel Trademark Infringement Case
SAN DIEGO - A California federal judge on July 24 set aside a default ruling entered against the chief operating officer of an apparel company that allegedly infringed on another entity?s trademark in violation of federal trademark law and California?s unfair competition law (UCL), finding that setting aside the default ruling would not prejudice the owner of the mark (Lights Out Holdings LLC v. Lights Out Apparel LLC, et al., No.16cv2195, S.D. Calif., 2017 U.S. Dist. LEXIS 115326).

Mr. Softee Inc. Sues Ex-Franchisee Over Use Of Name, Trademarks
CAMDEN, N.J. - Mr. Softee Inc. on July 13 filed a trademark infringement lawsuit in New Jersey federal court against a former franchisee, alleging that he is operating ice cream stands at the Jersey Shore using the Mister Softee trademarks without permission (Mister Softee Inc. v. Carl Gallucci, No. 1:17-cv-05124, D. N.J.).

Sears Home & Business Sues Ex-Franchisee For Alleged Use Of Marks And Trade Secrets
CHICAGO - Sears Home & Business Franchises Inc. on July 14 filed a five-count complaint in Illinois federal court seeking a preliminary injunction enjoining a former franchisee from continuing to operate two businesses as if authorized by Sears Home and from using its marks, confidential information and trade secrets (Sears Home & Business Franchises Inc. v. Arizona Garage Doors & Repair Inc., et al., No. 1:17-cv-05239, N.D. Ill., Eastern Div.).

Domain Registrar Appeals Fees Denial In False Advertising Suit To 4th Circuit
RICHMOND, Va. - A domain registry firm that prevailed in a Lanham Act false advertising suit appealed a denial of its quest for attorney fees to the Fourth Circuit U.S. Court of Appeals, arguing in a July 31 brief that a trial court used the incorrect evidentiary standard and failed to consider evidence of the plaintiff?s improper motive in filing suit (Verisign Inc. v. LLC, et al., No. 17-1704, 4th Cir.).

DJ, Rapper Argue Trademark Likelihood Of Confusion Factors To High Court
WASHINGTON, D.C. - In a July 14 brief, a rapper and related parties asked the U.S. Supreme Court to deny a Michigan DJ?s petition for certiorari in a dispute over the trademark ?DJ Logic,? contending that the Sixth Circuit U.S. Court of Appeals applied the proper standards in affirming that there was no likelihood of confusion between the parties? respective marks (Lee Jason Kibler v. Robert Bryson Hall II, et al., No. 16-1365, U.S. Sup.).

Financial Firms Argue Jurisdiction In 7th Circuit ?Ariel? Trademark Suit
CHICAGO - Two investment firms that use the ?Ariel? trademark in their names filed briefs in the Seventh Circuit U.S. Court of Appeals, disputing whether an Illinois court properly exercised jurisdiction over the Florida-based defendant in the trademark infringement lawsuit (Ariel Investments LLC v. Ariel Capital Advisors LLC, No. 17-1516, 7th Cir.).

Clothier Tells 2nd Circuit 2003 Agreement Does Not Cover Subsequent Infringement
NEW YORK - In a July 24 reply brief in the Second Circuit U.S. Court of Appeals, a clothing manufacturer argues that a 2003 agreement that settled a trademark dispute over a rival?s use of the ?Lucky? mark did not serve to bar future infringement claims arising from future, distinct actions (Marcel Fashions Group Inc. v. Lucky Brand Dungarees Inc., et al., No. 17-0361, 2nd Cir.).

Supreme Court Affirms: Disparagement Clause Violates The Constitution
WASHINGTON, D.C. - In a ruling announced June 19, the U.S. Supreme Court agreed with the Federal Circuit U.S. Court of Appeals that the disparagement clause of the Lanham Act, 15 U. S. C. §1052(a), which bars registration of trademarks deemed disparaging, violates the free speech clause of the First Amendment because trademarks "are private, not government, speech" (Matal, Interim Director, U.S. Patent and Trademark Office v. Simon Shiao Tam, No. 15-1293, U.S. Sup.).

$2.4 Million In Gross Revenue Awarded On Trademark Claims
LOS ANGELES - In a June 8 judgment, a California federal judge finalized a May 30 order that directed a coffee company to pay the heirs of Bob Marley's estate $2.8 million in damages, a figure that includes $2.4 million in gross revenue attributable to the coffee company's infringement of the "Marley" trademark (Fifty-Six Hope Road Music Limited, et al. v. Jammin Java Corporation, No. 16-5810, C.D. Calif.).

Judge Refuses To Strike Answer To Tax Firm's Infringement, UCL Claims
SAN FRANCISCO - A California federal judge on June 16 partially granted a tax firm's motion to strike parts of an answer to its complaint in which it asserts that various defendants infringed on its trademarks and violated California's unfair competition law (UCL), but refused to strike parts of the answer that assert an affirmative defense such as unclean hands or other equitable defense (Anderson Tax LLC v. Stephane Laffont-Reveilhac, et al., No. 17-cv-01311-EMC, N.D. Calif., 2017 U.S. Dist. LEXIS 93298).

Florida Magistrate Judge Denies Motion, Finds Disputed Mark Not Generic
MIAMI - A request for summary judgment by three defendants accused of trademark infringement was denied June 22 by a Florida federal magistrate judge who disagreed with the defendants' contention that "Automated Production Equipment" is a generic name when applied to a plaintiff's business that operates under the APE acronym (Scheu & Scheu Inc. v. Casey Scheu, et al., No. 15-10147, S.D. Fla., 2017 U.S. Dist. LEXIS 96405).

9th Circuit Upholds Copyright, Trademark Judgment And Award
SAN FRANCISCO - A $1.95 million statutory damage award issued in favor of copyright and trademark infringement plaintiff Microsoft Corp. will stand, in light of a June 27 ruling by the Ninth Circuit U.S. Court of Appeals (Microsoft Corp. v. Buy More Inc., et al., No. 15-56544, 9th Cir., 2017 U.S. App. LEXIS 11454).

Judge Finds Letter Claiming Infringement Did Not Violate UCL, Lanham Act
SAN FRANCISCO - A California federal judge on June 20 granted a jewelry maker's motion to dismiss claims for violation of California's unfair competition law (UCL) and the Lanham Act, finding that another jewelry designer failed to show how a private correspondence asserting trademark infringement in relation to certain designs significantly threatened or harmed competition (Marco Bicego S.P.A., et al. v. Stephanie Kantis, et al., No. 17-cv-00927, N.D. Calif., 2017 U.S. Dist. LEXIS 95000).

8th Circuit: Arbitration Not Compelled By Prior Trademark Settlement
ST. LOUIS - An Arkansas federal judge properly denied a motion to compel arbitration of a trademark infringement action based upon a clause in a prior settlement of a similar dispute, the Eighth Circuit U.S. Court of Appeals ruled July 3 (Zetor North America Inc. v. Brent Rozeboom, et al., No. 16-2125, 8th Cir., 2017 U.S. App. LEXIS 11790).

Washington Federal Judge Denies Injunctive Relief In Counterfeiting Case
SPOKANE, Wash. - A request for declarations of noncounterfeiting and noninfringement with regard to the "PA Mask" trademark will proceed without a preliminary injunction in place, in light of a July 3 ruling by a Washington federal judge (The McBride Organization LLC v. Dominique Wenger, et al., No. 17-231, E.D. Wash., 2017 U.S. Dist. LEXIS 102943).

Canadian High Court Upholds Global Injunction On Google Search Results
OTTAWA, Ontario - A Canadian trial court properly issued an injunction requiring Google Inc. to remove the links to a trademark infringer's websites worldwide, a Supreme Court of Canada majority ruled June 28, finding that an injunction over just Google's Canadian sites would not sufficiently combat the infringing activities (Google Inc. v. Equustek Solutions Inc., et al., No. 36602, Canada Sup.).

9th Circuit Vacates Denial Of Injunction In Trade Dress Dispute
SAN FRANCISCO - A plaintiff on June 26 prevailed in an interlocutory appeal to the Ninth Circuit U.S. Court of Appeals of a California federal judge's decision to deny preliminary injunctive relief in a dispute over paint ball trade dress (GI Sportz Inc., et al. v. APX Gear LLC, No. 16-56882, 9th Cir., 2017 U.S. App. LEXIS 11326).

9th Circuit Reverses, Remands In Longstanding Trademark Case
SAN FRANCISCO - A plaintiff adequately pleaded a cause of action for trademark infringement under a reverse confusion theory of likely confusion to withstand a defense motion for summary judgment, the Ninth Circuit U.S. Court of Appeals ruled July 7, reversing findings by a California federal judge that reverse confusion is a separate claim that must be specifically pleaded (Marketquest Group Inc. v. BIC Corp., No. 15-55755, 9th Cir., 2017 U.S. App. LEXIS 12165).

Judge Finds Hoverboard Sellers Jointly Liable For $1M Infringement Ruling
LOS ANGELES - After the recent lift of a bankruptcy court stay against two defendants accused of using trademarks held by hoverboard maker, a California federal judge on July 7 granted summary judgment for the company and found that they were jointly liable to pay $1 million in damages (UL LLC v. The Space Chariot Inc., et al., No. 2:16-cv-08172, C.D. Calif., 2017 U.S. Dist. LEXIS 56147).

Tech Firm Appeals Dropbox Trademark Ruling To 9th Circuit
SAN FRANCISCO - In a June 16 appellant brief in the Ninth Circuit U.S. Court of Appeals, a Texas technology firm argues that a trial court improperly granted summary judgment to Dropbox Inc. (DBI) in the parties' dispute over infringement and priority of ownership of the "Dropbox" trademark, with the appellant contending that its claims against the bigger company are not barred by laches (Dropbox Inc. v. Thru Inc., No. 17-15078, 9th Cir.).

Boat Maker Appeals Trade Dress, Trade Secrets Judgment To 11th Circuit
ATLANTA - A boat manufacturer in a June 23 brief tells the 11th Circuit U.S. Court of Appeals that a trial court erred in disposing of its trade dress and trade secrets claims against a rival firm via summary judgment, arguing that the lower court failed to properly consider evidence of distinctiveness, nonfunctionality and confidentiality (Yellowfin Yachts Inc. v. Barker Boatworks, LLC, et al., No. 17-11176, 11th Cir.).

Firms Debate In 7th Circuit If Defamation Suit Agreement Settled Trademark Case
CHICAGO - A trial court erred in finding that a settlement agreement in a defamation lawsuit constituted a global settlement that negated a trademark lawsuit judgment involving the same parties, a machine company argues in a June 21 brief in the Seventh Circuit U.S. Court of Appeals, calling the agreement ambiguous (Engineered Abrasives Inc. v. American Machine Products & Services Inc., et al., No. 17-1429, 7th Cir.).

Dungaree Maker Tells 2nd Circuit 2003 Agreement Bars Trademark Claims
NEW YORK - A New Jersey-based dungaree manufacturer argues in a July 10 brief in the Second Circuit U.S. Court of Appeals that a 2003 agreement that settled a previous trademark dispute with a rival clothier serves to bar the present trademark claims brought against it by that same company (Marcel Fashions Group Inc. v. Lucky Brand Dungarees Inc., et al., No. 17-0361, 2nd Cir.).

Bourbon Seller Tells 5th Circuit Its Trademark Was Wrongly Deemed Abandoned
NEW ORLEANS - A high-end bourbon whiskey distributor argues in a June 30 brief to the Fifth Circuit U.S. Court of Appeals that a jury incorrectly found its "Cowboy Little Barrel" trademark to be abandoned because it was wrongly precluded from presenting evidence of an intent to resume use of the mark (Allied Lomar Inc. v. Lone Star Distillery LLC, et al., No. 17-50148, 5th Cir.).

Day Care Firm Says National Marketing Did Not Violate Regional Trademark Order
RICHMOND, Va. - In a July 5 reply brief to the Fourth Circuit U.S. Court of Appeals, a day care operator argues that a national marketing campaign in which it participated did not run afoul of a consent judgment prohibiting it from offering services under the "Rainbow" trademark in the Fayetteville, N.C., area and, thus, a contempt ruling against it should be reversed (Rainbow School Inc. v. Rainbow Early Education Holding LLC, et al., Nos. 17-1055 and 17-1123, 4th Cir.).

9th Circuit Sides With Google In Genericide Dispute
SAN FRANCISCO - An Arizona federal judge did not err in concluding that a plaintiff failed to establish that the primary significance of the word "google" to the relevant public is as a generic name for internet search engines, instead of as a trademark identifying the Google Inc. search engine in particular, the Ninth Circuit U.S. Court of Appeals ruled May 16 (David Elliott and Chris Gillespie v. Google Inc., No. 15-15809, 9th Cir., 2017 U.S. App. LEXIS 8583).

Counterclaims, Defenses Dismissed In Trademark Dispute Over Cup Design
CHICAGO - Trademark infringement plaintiff Solo Cup Operating Corp. on May 17 won dismissal of counterclaims that Solo's complaint is preempted by the Patent Act, 35 U.S.C. 1 et seq., when an Illinois federal judge agreed that a product configuration disclosed in an expired utility patent can nonetheless be entitled to trade dress protection (Solo Cup Operating Corporation v. Lollicup USA Inc., No. 16-8041, N.D. Ill., 2017 U.S. Dist. LEXIS 74922).

Florida Federal Judge Allows Damage Request To Proceed In Unfair Competition Case
FORT PIERCE, Fla. - Efforts by myriad defendants to obtain partial summary judgment in connection with allegations they used deceptive sales pitches while selling security services door-to-door were largely rejected May 17 by a Florida federal judge, who agreed only with the defendants' claim that plaintiffs ADT LLC and ADT US Holdings Inc. may not seek attorney fees in the matter (ADT LLC, et al. v. Alarm Protection LLC, et al., No. 15-80073, S.D. Fla., 2017 U.S. Dist. LEXIS 75046).

Indiana Federal Judge Dismisses Franchise Fraud Claims Against Publisher
INDIANAPOLIS - An Indiana federal judge on May 16 granted third-party defendants' motion to dismiss franchise fraud claims against them in a trademark infringement case, saying counterclaimants failed to plead their claim with sufficient particularity (Britt Interactive LLC, et al. v. A3 Media LLC, et al., No. 1:16-cv-02884, S.D. Ind., 2017 U.S. Dist. LEXIS 73945).

New York Federal Judge Says Trademark Complaint States Claim For Relief
NEW YORK - A New York federal judge on May 16 denied a defendant restaurateur's motion to dismiss a complaint that its use of trademarks infringes a pizza franchisor's trademark that predates the restaurateur's mark, finding that the complaint states a claim upon which relief can be granted (I.O.B. Realty Inc. v. Patsy's Brand Inc., et al., No. 1:16-cv-7682, S.D. N.Y., 2017 U.S. Dist. LEXIS 74108).

Judge Denies Preliminary Injunction Request In Trade Dress, Trade Secrets Suit
BROOKLYN, N.Y. - A federal judge in New York on May 10 denied stainless steel and silver-plated dinnerware designer and seller Oneida Group Inc.'s motion for preliminary injunction in a trade dress infringement and misappropriation of trade secrets lawsuit, ruling that Oneida failed to show that it owns the trade dress at issue (The Oneida Group Inc. v. Steelite International U.S.A. Inc., et al., No. 17-0957, E.D. N.Y., 2017 U.S. Dist. LEXIS 71438).

Pennsylvania Federal Judge Denies Relief In Trademark Dispute
PHILADELPHIA - Allegations that a newly named pharmacy continues to infringe the "Rann Pharmacy" trademark despite a November 2016 injunction were rejected June 6 by a Pennsylvania federal judge (Rann Pharmacy Inc. v. Shree Navdurga LLC, et al., No. 17-1893, E.D. Pa., 2017 U.S. Dist. LEXIS 86373).

Magistrate Allows Survey Of Taffy Shop Customers In Trademark Battle
DENVER - A taffy shop may have valid complaints about a survey conducted by an expert for a competing taffy shop in a trademark dispute, but the survey is reliable and relevant enough to not preclude it from trial, a Colorado federal magistrate judge ruled June 8 (Estes Park Taffy Company, LLC, et al. v. The Original Taffy Shop, Inc., No. 15-cv-01697, D. Colo., 2017 U.S. Dist. LEXIS 88113).

California Federal Judge Sides With Plaintiff In Trademark Case
LOS ANGELES - A dispute between competing car clubs over the "Stylistics" trademark was resolved in favor of a plaintiff on May 23, when a California federal judge awarded summary judgment (Gilbert Lerma Jr. v. Ernie Armijo, et al., No. 15-9953, C.D. Calif., 2017 U.S. Dist. LEXIS 77575).

Federal Circuit: Patent, Copyright, Trademark Claims Properly Rejected
WASHINGTON, D.C. - A Washington federal judge did not err in rejecting allegations that Inc. infringes the intellectual property of others through its online marketplace and "Fulfillment by Amazon" service, the Federal Circuit U.S. Court of Appeals ruled May 23 (Milo & Gabby LLC, et al. v. Inc., No. 16-1290, Fed. Cir., 2017 U.S. App. LEXIS 8932).

Trademark, Copyright Defendants Awarded $922,309 In Attorney Fees
LOS ANGELES - A trademark and copyright dispute over the phrase "Life is Beautiful" rejected on summary judgment due to a lack of similarity and a plaintiff's unclean hands yielded a $922,309 attorney fee award on May 23 by a California federal judge (Amusement Art LLC v. Life is Beautiful LLC, et al., No. 14-8290, C.D. Calif., 2017 U.S. Dist. LEXIS 79135).

Federal Circuit Remands For Redetermination Of Mark Cancellation Petition
WASHINGTON, D.C. - A rejection by the Trademark Trial and Appeal Board (TTAB) of a petition for cancellation of the "Alec Bradley Star Insignia" trademark was vacated and remanded by the Federal Circuit U.S. Court of Appeals on May 24 (Joseph Phelps Vineyards LLC v. Fairmont Holdings LLC, No. 16-1089, Fed. Cir., 2017 U.S. App. LEXIS 9006).

'Get Lucky' Jeans Maker Tells 2nd Circuit Rival Violated Prior Trademark Ruling
NEW YORK - On a third appeal to the Second Circuit U.S. Court of Appeals over rival clothing manufacturers' claims to the "Get Lucky" trademark, Marcel Fashions Group Inc. in its May 5 appellant brief argues that a competitor has continued its infringing conduct in violation of a previous judgment and that a trial court judge erred in deeming the present claims barred by a 2003 settlement agreement between the parties (Marcel Fashions Group Inc. v. Lucky Brand Dungarees Inc., et al., No. 17-0361, 2nd Cir.).

Riflescope Makers Debate Trade Dress Functionality In 6th Circuit
CINCINNATI - Competitors in the riflescope industry have filed briefs in the Sixth Circuit U.S. Court of Appeals, arguing whether the trade dress on the knurling of the plaintiff's scopes are ornamental, which would permit the plaintiff to pursue infringement claims against the defendants, or functional and nonprotectable, as a trial court found (Leapers Inc. v. SMTS LLC, et al., No. 17-1007, 6th Cir.).

'Guppie' Trademark Owners Argue Reverse Confusion By Viacom To 6th Circuit
CINCINNATI - A Michigan couple who sell the "Guppie Kid" children's clothing line argue in a June 14 brief in the Sixth Circuit U.S. Court of Appeals that clothing related to the Nickelodeon show "Bubble Guppies" infringed their trademarks by overwhelming their senior marks via reverse confusion (Debbie Rohn, et al. v. Viacom International Inc., et al., No. 17-1225, 6th Cir.).

Daycare Operator Defends Contempt To 4th Circuit In 'Rainbow' Trademark Row
RICHMOND, Va. - Because the defendant repeatedly failed to comply with an injunction requiring it to remove all uses of the "Rainbow" trademark from its website, a trial court properly issued contempt rulings and a monetary judgment against it, a daycare operator tells the Fourth Circuit U.S. Court of Appeals in a June 7 appellee brief (Rainbow School Inc. v. Rainbow Early Education Holding LLC, et al., Nos. 17-1055 and 17-1123, 4th Cir.).