Subscribe: LexisNexis® Mealey's™ Trademarks Legal News
http://www.lexisnexis.com/mealeys/rss/legalnews_trademarks.xml
Added By: Feedage Forager Feedage Grade C rated
Language: English
Tags:
appeals  cir  circuit court  circuit  court appeals  court  federal judge  federal  infringement  judge  lexis  trademark 
Rate this Feed
Rate this feedRate this feedRate this feedRate this feedRate this feed
Rate this feed 1 starRate this feed 2 starRate this feed 3 starRate this feed 4 starRate this feed 5 star

Comments (0)

Feed Details and Statistics Feed Statistics
Preview: LexisNexis® Mealey's™ Trademarks Legal News

LexisNexis® Mealey's™ Trademarks Legal News



Headline Trademarks Legal News from LexisNexis®



 



Refusal To Register 'Sensi' Trademark Upheld By Federal Circuit
WASHINGTON, D.C. - Findings by the Trademark Trial and Appeal Board that the "Sensi" trademark in Class 5 of the Trademark Classifications for Goods and Services for diapers would likely cause confusion with two previously registered marks for "Sensi-Care" for use in connection with a treatment for diaper rash were not erroneous, the Federal Circuit U.S. Court of Appeals ruled Nov. 13 (In re: P.T. Arista Latindo, No. 17-1292, Fed. Cir., 2017 U.S. App. LEXIS 22637).



2nd Circuit Affirms: Claimed Trade Dress Is Functional, Unprotectable
NEW YORK - A New York federal judge did not err in determining, following a bench trial, that a declaratory judgment plaintiff's bag closure products do not infringe or dilute a competitor's trade dress, the Second Circuit U.S. Court of Appeals concluded Nov. 2 (Schutte Bagclosures Inc. and Schutte Bagclosures B.V. v. Kiwk Lok Corporation, No. 16-2767, 2nd Cir., 2017 U.S. App. LEXIS 21864).



Federal Circuit: Fees Due On Trade Dress Claims, Not Copyright, Patent Claims
WASHINGTON, D.C. - A Texas federal judge's denial of a motion to dismiss a declaratory judgment action relating to patent, copyright and trade dress protection for fiberglass utility bodies for use with trucks was affirmed Nov. 7 by the Federal Circuit U.S. Court of Appeals, which agreed that an actual case or controversy existed between the parties (Industrial Models Inc. v. SNF Inc., et al., Nos 17-1172, -1173, Fed. Cir.).



75 Website Operators Enjoined From Offering Counterfeit Gucci Items
FORT LAUDERDALE, Fla. - A Florida federal judge on Nov. 8 granted Gucci America Inc.'s motion for a preliminary injunction against 75 website operators that the plaintiff said were selling counterfeit goods bearing the "Gucci" mark, finding Gucci "very likely" to succeed in its trademark infringement claims (Gucci America Inc. v. 532buy.com, et al., No.0:17-cv-62068, S.D. Fla.).



10th Circuit Upholds Termination Of Trademark License
DENVER - In an Oct. 10 ruling, the 10th Circuit U.S. Court of Appeals found that a Utah federal judge did not err in terminating a trademark license agreement (TLA) and in permanently enjoining a defendant's further use of several disputed marks (Earthgrains Baking Companies Inc. v. Leland Sycamore, No. 15-4145, 10th Cir., 2017 U.S. App. LEXIS 19887).



11th Circuit Upholds Denial Of Injunction In Trademark Case
ATLANTA - A Florida federal judge's decision to deny a preliminary injunction barring an infringement defendant from using the "HealthPrint" trademark was affirmed Oct. 17 by the 11th Circuit U.S. Court of Appeals, which found that evidence of actual confusion is lacking in the case (Superior Consulting Services Inc. v. Shaklee Corporation, No. 17-11210, 11th Cir., 2017 U.S. App. LEXIS 20265).



2nd Circuit Affirms Rejection Of DMCA Claim, Denial Of Attorney Fees
NEW YORK - A New York federal judge did not err in rejecting allegations that a licensee violated the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 1201(a), when it modified security measures to prevent two software programs from self-enforcing certain licensing restrictions because the plaintiffs failed to demonstrate the copyrightability of the underlying programs, the Second Circuit U.S. Court of Appeals ruled Nov. 8 (Dynamic Concepts Inc. and Point 4 Data Corp. v. Tri-State Surgical Supply, et al., Nos. 15-0563, -3212, 2nd Cir., 2017 U.S. App. LEXIS 22348).



Judge Clarifies Fact, Opinion Work Product In Patent Antitrust Suit
SAN JOSE, Calif. - Responding to discovery disputes by the parties in a lawsuit alleging monopolization and false advertising of patents for specialty medical software, a California federal judge on Nov. 6 clarified a previous order compelling production, differentiating between fact and opinion work product in the context of waiver of privilege (Cave Consulting Group Inc. v. OptumInsight Inc., No. 3:15-cv-03424, N.D. Calif, 2017 U.S. Dist. LEXIS 183672).



High Court Won't Hear Suit Over Whether 'Google' Trademark Is Generic
WASHINGTON, D.C. - In its Oct. 16 order list, the U.S. Supreme Court denied a petition for certiorari in which two men asserted that the term "google" has become generic and, thus, is no longer entitled to trademark protection (David Elliott, et al. v. Google Inc., No. 17-258, U.S. Sup.).



Judge Dismisses Franchisor's Trademark Infringement Suit For Lack Of Jurisdiction
DENVER - A Colorado federal judge on Oct. 20 entered final judgment dismissing a franchisor's trademark infringement lawsuit for lack of personal jurisdiction, finding that the defendants' contacts with Colorado only "barely satisfy the minimum contacts standard" and that a majority of the reasonableness factors weigh against the exercise of jurisdiction (Rocky Mountain Chocolate Factory v. Timothy Arellano, et al., No. 17-0582, D. Colo., 2017 U.S. Dist. LEXIS 173159).



6th Circuit Reverses Res Judicata Holding In Trademark Dispute
CINCINNATI - A rejection on summary judgment of a complaint seeking a declaration of trademark invalidity was reversed Oct. 23 by the Sixth Circuit U.S. Court of Appeals, which rejected findings by a Michigan federal judge that the dispute is barred by the doctrine of res judicata (AuSable River Trading Post LLC v. Dovetail Solutions Inc., 2017 U.S. App. LEXIS 20707).



Internet Posting Bans In 'Comic-Con' Trademark Suit Vacated As Prior Restraint
SAN DIEGO - A California federal judge on Oct. 30 vacated previous protective orders preventing the defendant in a dispute over the "Comic-Con" trademark from posting online about the litigation, issuing the order in compliance with a Ninth Circuit U.S. Court of Appeals ruling that deemed the internet bans prior restraint under the First Amendment to the U.S. Constitution, U.S. Const. amend. I (San Diego Comic Convention v. Dan Farr Productions, et al., No. 3:14-cv-01865, S.D. Calif.).



Judge Strikes Response To Audio Parts Seller's Infringement, UCL Claims
SACRAMENTO, Calif. - After finding that the sellers of audio components failed to properly respond to allegations that they infringed on trademarks and violated California's unfair competition law (UCL) asserted by a competitor, a California federal judge on Oct. 31 struck their answer in its entirety with leave to amend (JL Audio Inc. v. Dia Saif, et al., No. 2:16-cv-00377, E.D. Calif., 2017 U.S. Dist. LEXIS 180576).



Washington Federal Court Will Maintain Jurisdiction Over Inventor's UCL Claim
SEATTLE - Even though a patent infringement case was recently transferred from a California federal court, a Washington federal judge on Oct. 17 found that he would maintain jurisdiction over an inventor's claim for violation of California's unfair competition law (UCL) and refused to dismiss the claim (Elliot Kremerman v. Open Source Steel, LLC, et al., No. 2:17-cv-953, W.D. Wash., 2017 U.S. Dist. LEXIS 171735).



Arbitrability Of Trade Secrets Claims For Arbitrator To Decide, Judge Rules
FORT LAUDERDALE, Fla. - A federal judge in Florida on Oct. 12 granted in part a motion to dismiss filed by defendants in a patent infringement and misappropriation of trade secrets lawsuit, ruling that whether a company's claims against the defendants are subject to several arbitration provisions is for an arbitrator to decide (CheyTac USA LLC v. NextGen Tactical LLC, No. 17-60925, S.D. Fla., 2017 U.S. Dist. LEXIS 169850).



Some Defenses Stricken In Florida Trade Dress, Trademark, Copyright Case
ORLANDO, Fla. - A declaratory judgment defendant and copyright, trademark and trade dress infringement counterclaimant partly prevailed Oct. 18 before a Florida federal magistrate judge, who agreed to strike various affirmative defenses raised in response to the counterclaims (Systematic Home Staging LLC v. MHM Professional Staging LLC, No. 17-1327, M.D. Fla., 2017 U.S. Dist. LEXIS 172036).



Illinois Federal Judge Awards $650,000 In Copyright, Trademark Case
CHICAGO - A defendant who sold counterfeit "Monster Energy" products online was ordered by an Illinois federal judge on Oct. 23 to pay Monster Energy Co. $650,000 in damages in connection with allegations of copyright and trademark infringement (Monster Energy Company v. Zheng Peng, et al., No. 17-414, N.D. Ill., 2017 U.S. Dist. LEXIS 175287).



Clothing, Cosmetics Firms Debate Laches In 9th Circuit 'Lush' Trademark Suit
SAN FRANCISCO - Two companies claiming ownership of the "Lush" trademark debate in briefs to the Ninth Circuit U.S. Court of Appeals whether a cosmetics firm's infringement claim was barred under the doctrine of laches and whether it was filed within the statute of limitations (Pinkette Clothing Inc. v. Cosmetic Warriors Limited, No. 17-55325, 9th Cir.).



Wal-Mart, Variety Stores Argue Over Disgorgement In 'Backyard' Mark Suit
RICHMOND, Va. - Retailers Variety Stores Inc. and Wal-Mart Stores Inc. recently briefed the Fourth Circuit U.S. Court of Appeals on whether Wal-Mart infringed Variety's "The Backyard" trademark and whether the amount of disgorged profits was properly limited to $32 million (Variety Stores Inc. v. Wal-Mart Stores Inc., No. 17-1503 and 17-1644, 4th Cir.).



Insurer Seeks Reversal Of Finding That Trade Dress Claim Triggered Duty To Defend
SAN FRANCISCO - A commercial general liability insurer recently asked the Ninth Circuit U.S. Court of Appeals to reverse a lower federal court's ruling that it has a duty to defend its garment merchant insured against an underlying lawsuit, arguing that the lower court erred in finding that the insured was potentially liable for alleged damages arising from trade dress infringement in one of its advertisements (Great Lakes Reinsurance [UK] PLC v. In and Out Fashion Inc., 16-56425, 9th Cir.).



Distinctiveness, Infringement Of 'Sturgis' Trademarks Argued In 8th Circuit
ST. LOUIS - A South Dakota organization affiliated with the Sturgis Motorcycle Rally tells the Eighth Circuit U.S. Court of Appeals in a Nov. 6 brief that a jury correctly found its "Sturgis" trademarks to be valid and infringed by the sale of unlicensed Sturgis items. However, the plaintiff appeals a post-verdict ruling that vacated a damages award for the infringement (Sturgis Motorcycle Rally Inc. v. Rushmore Photo & Gifts Inc., et al., Nos. 17-1762, -1869, -2712 and -2731, 8th Cir.).



Jack In The Box Says Terminated Agreement Ended Franchisee's Trademark Rights
SAN FRANCISCO - In a Nov. 6 brief, Jack in the Box Inc. asks the Ninth Circuit U.S. Court of Appeals to affirm a trial court's finding that a former franchisee engaged in infringement by continuing to use the "Jack in the Box" trademarks after its franchise agreement was terminated for contractual breaches (Jack in the Box Inc. v. Deepak Mehta, et al., No. 17-15336, 9th Cir.).



'DJ Logic' Trademark Suit Denied Certiorari By U.S. Supreme Court
WASHINGTON, D.C. - In its Oct. 2 order list, the U.S. Supreme Court denied a DJ's petition for certiorari over whether a likelihood of confusion determination in a trademark suit should be made by a court or a jury, letting stand a Sixth Circuit U.S. Court of Appeals ruling that found no evidence of confusion (Lee Jason Kibler v. Robert Bryson Hall II, et al., No. 16-1365, U.S. Sup., 2017 U.S. LEXIS 4841).



High Court Won't Hear Trademark Dilution Suit Over Parody Louis Vuitton Handbags
WASHINGTON, D.C. - Louis Vuitton Malletier S.A. (LV) won't have the opportunity to present arguments before the U.S. Supreme Court that a parody tote bag maker violated the Trademark Dilution Revision Act (TDRA); the high court denied the luxury goods maker's petition for certiorari in its Oct. 2 order list (Louis Vuitton Malletier S.A. v. My Other Bag Inc., No. 17-72, U.S. Sup., 2017 U.S. LEXIS 5936).



National Urban League Prevails In Trademark Dispute With Disaffiliate
DALLAS - Continued use by the Urban League of Greater Dallas and North Central Texas Inc. (ULGD) of the "Urban League" trademark on social media and online after the National Union League Inc. (NUL) stripped ULGD of its affiliate status represents infringement, a Texas federal judge ruled Sept. 29 (National Urban League Inc. v. Urban League of Greater Dallas and North Central Texas Inc., No. 15-3617, N.D. Texas, 2017 U.S. Dist. LEXIS 160608).



11th Circuit Reverses Rejection Of Service Mark Infringement Claim
ATLANTA - A Georgia federal judge's grant of summary judgment on behalf of a service mark infringement defendant was reversed and remanded Oct. 3 by the 11th Circuit U.S. Court of Appeals, which deemed controlling a 1975 case that extended protection for federally registered service marks to goods, beyond the area of registration listed in a service mark certificate (Savannah College of Art and Design v. Sportswear Inc., No. 15-13830, 11th Cir., 2017 U.S. App. LEXIS 19168).



California Magistrate Judge OKs Service By Publication In Copyright, Patent Case
SAN FRANCISCO - Citing an inability by a copyright, patent and trade dress infringement plaintiff to serve a copy of its complaint on two defendants, a California federal judge on Oct. 6 found "good cause" to allow service by publication (Rain Design Inc. v. Spinido Inc., et al., No. 17-3681, N.D. Calif., 2017 U.S. Dist. LEXIS 166415).



Magistrate Judge Orders Rolling Paper Documents To Be Turned Over For Discovery
CHICAGO - A magistrate judge in an Illinois federal court on Sept. 27 ordered a tobacco company to produce documents regarding the design of its rolling papers that are in the possession of one of its French subsidiaries in a trademark infringement countersuit after finding that French law does not entirely preempt the company making those documents available for discovery (Republic Technologies LLC, et al. v. BBK Tobacco & Foods LLP, No. 16 3401, N.D. Ill., 2017 U.S. Dist. LEXIS 158986).



Trade Secrets, Other Claims Not Plausible On Face, Former Business Partner Says
CHICAGO - A company has failed to show that its trade secrets misappropriation, trademark infringement, breach of contract and other claims against its former business partner are plausible on their face and, thus, dismissal of those claims is warranted, the former business partner argues in an Oct. 10 motion to dismiss filed in Illinois federal court (Mighty Deer Lick Inc., d/b/a Mighty Deer Lick Sweet Apple Inc., v. Morton Salt Inc., No. 17-5875, N.D. Ill.).



Oracle's False Advertising Counterclaims Survive Motion To Dismiss
LAS VEGAS - A Nevada federal judge on Sept. 21 found that Lanham Act claims based upon a former copyright infringement defendant's alleged false representation that its revised software maintenance program was no longer infringing are not preempted by the Copyright Act, 17 U.S.C. 101 et seq. (Rimini Street Inc. v. Oracle America Inc., No. 14-1699, D. Nev., 2017 U.S. Dist. LEXIS 154930).



Copyright, Trademark, Patent Claims To Proceed In California Federal Court
LOS ANGELES - Efforts by a defendant to obtain dismissal of allegations of copyright, trademark and design patent infringement stemming from the sale of luxury candy were unsuccessful Sept. 25, when a California federal judge deemed the allegations adequately pleaded (Sugarfina Inc. v. Sweet Pete's LLC, No. 17-4456, C.D. Calif., 2017 U.S. Dist. LEXIS 156711).



Federal Circuit Says Jurisdiction Lacking Over Patent, Trademark Claims
WASHINGTON, D.C. - An appeal by pro se plaintiffs of a dismissal by the U.S. Court of Federal Claims of his allegations that the U.S. government committed patent and trademark infringement was turned away on Oct. 6 by the Federal Circuit U.S. Court of Appeals, which found that the patent claims were untimely and that the Claims Court lacked jurisdiction over the trademark portion of the case (John Sacchetti v. United States, et al., No. 17-1484, Fed. Cir., 2017 U.S. App. LEXIS 19530).



9th Circuit Reverses, Remands Trade Dress Functionality Ruling
SAN FRANCISCO - A California federal judge erred in holding that the overall configuration of a live auction television show is functional, the Ninth Circuit U.S. Court of Appeals ruled Sept. 15, reversing and remanding the denial of preliminary injunctive relief in a trade dress infringement and trade secret misappropriation case (VBS Distribution Inc. v. Nutrivita Inc., et al., No. 17-11598, 9th Cir., 2017 U.S. App. LEXIS 17951).



2nd Circuit Affirms Denial Of Request To Disqualify Trademark Counsel
NEW YORK - Although vacating and remanding a permanent injunction, the Second Circuit U.S. Court of Appeals on Sept. 19 affirmed a New York federal judge's decision to deny a request for disqualification of Locke Lord in a dispute over the Swiss Army knife trade dress (Victorinox AG, et al. v. The B&F Systems Inc., et al., Nos. 15-4032, 16-2690, 2nd Cir., 2017 U.S. App. LEXIS 18070).



Pipe Maker Sues Tobacco Shop For Trademark Infringement
BATON ROUGE, La. - A glass pipe maker on Sept. 21 filed suit in Louisiana federal court, claiming that a tobacco shop sold counterfeit versions of its pipe and used its trademarked brand without its permission (SREAM Inc. v. Tine Forte Carville, No. 3:17-cv-00667, M.D. La.).



Intellectual Property Exclusion Bars Coverage For Trademark Dispute, Judge Says
TAMPA, Fla. - A Florida federal judge on Oct. 4 entered judgment in favor of an insurer in a "personal and advertising injury" coverage dispute, finding that the policy's intellectual property exclusion bars coverage because all of the underlying causes of action were dependent on the insured's infringement of a trademark (Land's End at Sunset Beach Community Association, Inc. v. Aspen Specialty Insurance Co., No. 17-1740, M.D. Fla., 2017 U.S. Dist. LEXIS 163457).



Google Waives Response In High Court Petition Over Genericness Of Its Trademark
WASHINGTON, D.C. - Google Inc. on Sept. 14 waived its right to file an opposition to a petition for certiorari in which two men assert that the term "google" has become generic and, thus, is no longer entitled to trademark protection (David Elliott, et al. v. Google Inc., No. 17-258, U.S. Sup.).



Vietnamese Food Company Appeals Cancellation Of Pho Trademarks To 9th Circuit
SAN FRANCISCO - A maker of pho soup base products tells the Ninth Circuit U.S. Court of Appeals in a Sept. 20 brief that a trial court erred in issuing judgment against it in a trademark dispute with a competing pho maker, arguing that its "Cot" marks are not descriptive and have acquired secondary meaning (Quoc Viet Foods Inc. v. VV Foods LLC, et al., No. 17-55331 and 17-55742, 9th Cir.).



Boat Maker Argues Rival Identified No Protectable Trade Dress, Trade Secrets
ATLANTA - A competing high-end boat manufacturer failed to identify any protectable, nonfunctional trade dress that was allegedly infringed, a craft designer tells the 11th Circuit U.S. Court of Appeals in a Sept. 20 appellee brief, also alleging that purportedly misappropriated confidential information did not qualify as trade secrets under Florida law (Yellowfin Yachts Inc. v. Barker Boatworks, LLC, et al., No. 17-11176, 11th Cir.).



Artist Appeals Unclean Hands Ruling In 'Life Is Beautiful' Trademark Dispute
SAN FRANCISCO - A street artist's limited liability company argues in an Oct. 6 brief in the Ninth Circuit U.S. Court of Appeals that a trial court's unclean hands judgment against it over registrations of the "Life is Beautiful" trademark failed to account for the fact that errors in the registrations were due to innocent mistakes, not fraud (Amusement Art LLC v. Life is Beautiful LLC, et al., No. 17-55045, 9th Cir.).



Tech Firm Appeals Fees Award, Judgment In 'Dropbox' Trademark Suit
SAN FRANCISCO - In an Oct. 6 reply brief in the Ninth Circuit U.S. Court of Appeals, a small tech company argues that a $2 million attorney fee award against it was inappropriate and "create[s] a terrible precedent" because it was merely defending its "Dropbox" trademark against a larger company (Dropbox Inc. v. Thru Inc., No. 17-15078, 9th Cir.).



2nd Circuit Affirms Trademark Ownership, Laches Determinations
NEW YORK - The Second Circuit U.S. Court of Appeals on Sept. 8 upheld findings by a New York federal judge that a dispute over the "Kehot" trademark and a related logo is barred by the doctrine of laches, citing a 16-year delay between when the trademark owner learned of the unauthorized use and when it levied a counterclaim of infringement (Vaad L'Hafotzas Sichos Inc., et al. v. Merkos L'Inyonei Church Inc., Nos. 16-2934, -3364, 2nd Cir., 2017 U.S. App. LEXIS 17360).



New York Federal Judge Denies Dismissal, Sanctions In Trademark Dispute
BUFFALO, N.Y. - A New York federal magistrate judge's recommendation that a motion to dismiss trademark infringement and unfair competition allegations be denied was adopted in full on Sept. 5 by a New York federal judge, who agreed that the plaintiff "fleshes out its claim in considerable detail" and that the claims are not frivolous (Sit N' Stay Pet Services Inc. v. Carrie Hoffman, No. 17-116, W.D. N.Y., 2017 U.S. Dist. LEXIS 143206).



Texas Federal Judge Dismisses, With Leave To Amend, Trademark Claims
DALLAS - Allegations of trademark infringement against a nonprofit public charter school network and two entities that oversee the charter schools were dismissed Sept. 7 by a Texas federal judge, on grounds that the complaint fails to allege specific acts of infringement by specific defendants (Springboards to Education Inc. v. KIPP Foundation, et al., No. 16-2436, N.D. Texas, 2017 U.S. Dist. LEXIS 144709).



Mississippi Federal Judge Denies Relief In Trade Dress Dispute
GREENVILLE, Miss. - Allegations that two defendants infringed trade dress through their design and sale of bracelets featuring a "tapered clasp" and other confusingly similar jewelry will proceed without a preliminary injunction in place, a Mississippi federal judge ruled Sept. 5 (Ronaldo Designer Jewelry Inc. v. James B. Cox, et al., No. 17-2, N.D. Miss., 2017 U.S. Dist. LEXIS 143047).



Alabama Federal Judge Denies Injunctive Relief In Trademark Dispute
MOBILE, Ala. - A counterclaimant's request for a preliminary injunction while a declaratory judgment action regarding confusion over the "Spire" trademark is litigated was denied Sept. 11 when an Alabama federal judge found an absence of evidence that irreparable harm would result if an injunction is not issued (Spire Inc. v. Cellular South Inc., No. 17-266, S.D. Ala., 2017 U.S. Dist. LEXIS 146169).



Judge Dismisses Claims Related To Infringement Of Jewelry Trademarks
SAN FRANCISCO - After finding a lack of federal and subject matter jurisdiction, a California federal judge on Sept. 8 granted a jewelry maker's motion to dismiss claims related to alleged intellectual property infringement but granted a jeweler leave to file a third amended complaint to assert claims for violation of the Declaratory Judgment and Lanham acts (Marco Bicego S.P.A., et al. v. Stephanie Kantis, et al., No. 17-cv-00927, N.D. Calif., 2017 U.S. Dist., 2017 U.S. Dist. LEXIS 145865).



Judge Grants Discovery Request Related To Illegal Amazon, EBay Sales
SAN FRANCISCO - A California federal judge on Sept. 1 granted a motion filed by a distributor of trademarked and copyrighted products and designs that alleges that a retailer violated trademark law and California's unfair competition law (UCL) by selling counterfeited items online, granting its request for limited discovery from online retailers regarding the defendant's sales and aliases (Jessie Steel, Inc. v. Linda Ann Henderson, No. 17-cv-02179, N.D. Calif., 2017 U.S. Dist. LEXIS 142167).



Black & Decker Loses Out On $54M Trademark Verdict Due To Expert's Flawed Survey
CHICAGO - Two companies got a $54 million trademark infringement verdict against them tossed Sept. 11 when an Illinois federal judge granted them a new trial based on the unreliability and irrelevance of expert testimony regarding the likelihood of consumer confusion about the products at issue, which the judge said probably "unfairly influenced the jury's verdict" (The Black & Decker Corporation, et al. v. Positec USA Inc., et al., No. 11-cv-5426, N.D. Ill., 2017 U.S. Dist. LEXIS 147463).



Trademark, Patent Infringement Judgment Upheld By Federal Circuit
WASHINGTON, D.C. - A Florida federal judge did not abuse his discretion or err in entering a final judgment of trademark and patent infringement against a defendant accused of selling a competing, knockoff hydradermabrasion system, the Federal Circuit U.S. Court of Appeals held Sept. 8 (Edge Systems LLC, et al. v. Rafael Newton Aguila, No. 16-2189, Fed. Cir., 2017 U.S. App. LEXIS 17365).



7th Circuit Agrees With Jury Verdict Of No Trademark Infringement
CHICAGO - Allegations that a defendant violated the Lanham Act when operating a "painting night" business under the name "Wine & Canvas" were properly rejected by jurors, the Seventh Circuit U.S. Court of Appeals ruled Aug. 17 (Wine & Canvas Development LLC, et al. v. Christopher Muylle, Nos. 15-2088, -3658, 7th Cir., 2017 U.S. App. LEXIS 15508).



11th Circuit Says Dismissal Of Lanham Act Dispute Over Ownership Was Proper
ATLANTA - An Alabama federal judge did not err in dismissing allegations of Lanham Act violations stemming from representations by five defendants that they are the true owner of coal and timber collected on a plaintiff's land, the 11th Circuit U.S. Court of Appeals ruled Aug. 24 (Black Diamond Management LLC v. Twin Pines Coal Company Inc., et al., No. 16-15240, 11th Cir., 2017 U.S. App. LEXIS 16154).



9th Circuit Denies Rehearing, Amends Ruling In Trademark Case
SAN FRANCISCO - The same three-judge panel of the Ninth Circuit U.S. Court of Appeals that on July 11 rejected efforts by a trademark infringement defendant to rely on the Tea Rose-Rectanus doctrine - so-named for Hanover Star Milling Co. v. Metcalf, 240 U.S. 403 (1916), (Tea Rose) and United Drug Co. v. Theodore Rectanus Co., 248 U.S. 90 (1918) - voted Aug. 30 to deny a petition to rehear the case (Stone Creek Inc. v. Omnia Italian Design Inc., No. 15-17418, 9th Cir., 2017 U.S. App. LEXIS 16632).



Clothing Line Owner, PTO Brief Federal Circuit On Registration Of Vulgar Trademark
WASHINGTON, D.C. - The U.S. Patent and Trademark Office (PTO) and the owner of the "fuct" line of clothing have submitted letter briefs to the Federal Circuit U.S. Court of Appeals addressing whether the recent U.S. Supreme Court ruling on disparaging trademarks in Matal v. Tam has any effect on the present case's dispute on whether scandalous marks can be registered (In Re: Erik Brunetti, No. 15-1109, Fed. Cir.).



Domain Registrar Tells 4th Circuit False Advertising Suit Was Not Exceptional
RICHMOND, Va. - An internet domain registry firm, whose Lanham Act false advertising claims against a competitor failed, argues in an Aug. 30 brief in the Fourth Circuit U.S. Court of Appeals that a trial court properly declined to award attorney fees to the prevailing defendant because the claims were reasonable and supported by evidence (Verisign Inc. v. XYZ.com LLC, et al., No. 17-1704, 4th Cir.).



Amazon Asserts No Infringement Of Artificial Turf Trademark To 9th Circuit
SAN FRANCISCO - In an Aug. 25 appellee brief, Amazon.com Inc. tells the Ninth Circuit U.S. Court of Appeals that its automated purchasing of keyword advertising using an artificial turf firm's trademark did not constitute direct infringement under the Lanham Act, arguing that any infringement was attributable to third-party sellers of counterfeit products (Steven Lasoff v. Amazon.com Inc., No. 17-35173, 9th Cir.).



Trademark Applicant Tells Federal Circuit Design Is Not Functional
WASHINGTON, D.C. - An examiner's decision - later upheld by the U.S. Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (TTAB) - that a proposed U-shaped design for a locking channel is unprotectable as functional in light of several expired utility patents will be debated Oct. 4 before the Federal Circuit U.S. Court of Appeals (In re: Openings, No. 16-2307, Fed. Cir.).



Louis Vuitton, Parody Bag Maker Argue Trademark Dilution To Supreme Court
WASHINGTON, D.C. - Luxury goods maker Louis Vuitton Malletier S.A. (LV) seeks a grant of certiorari from the U.S. Supreme Court to examine the standard for determining when the use of a trademark is a parody, and thus fair use, per the Trademark Dilution Revision Act (TDRA), while a defendant asserts that its accused handbags were clearly noninfringing parodies of LV's products, as a trial court and an appeals court both ruled (Louis Vuitton Malletier S.A. v. My Other Bag Inc., No. 17-72, U.S. Sup.).



Jack In The Box Franchisee Appeals Breach, Trademark Judgment To 9th Circuit
SAN FRANCISCO - A trial court erred in granting judgment to Jack in the Box Inc. (JIB) on contractual and trademark infringement claims related to the termination of franchise agreements, an ex-franchisee of the fast-food chain argues in a Sept. 5 brief in the Ninth Circuit U.S. Court of Appeals, contending that genuine disputed issues of material fact exist (Jack in the Box Inc. v. Deepak Mehta, et al., No. 17-15336, 9th Cir.).



Bourbon Distiller Tells 5th Circuit Plaintiff Abandoned 'Cowboy' Mark
NEW ORLEANS - Citing years with no sales of its trademarked whiskey, coupled with having never sold its product in the United States, a bourbon distillery argues in a Sept. 6 brief to the Fifth Circuit U.S. Court of Appeals that a jury correctly found that a plaintiff whiskey seller abandoned its trademark years before the defendant's use of a similar mark (Allied Lomar Inc. v. Lone Star Distillery LLC, et al., No. 17-50148, 5th Cir.).