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Preview: LexisNexis® Mealey's™ Trademarks Legal News

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Headline Trademarks Legal News from LexisNexis®



 



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 Amazon.com 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. Amazon.com 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.).



Illinois Federal Judge Dismisses Lanham Act Dispute Over Promotion
CHICAGO - Allegations by the world record holder for consecutive kicks of a footbag - commonly known as a "hacky sack" - that Wendy's International Inc. violated the Lanham Act by using his identity in a 2013 promotion were rejected April 28 by an Illinois federal judge pursuant to Federal Rule of Civil Procedure 12(b)(6), Fed. R. Civ. P. 12(b)(6) (Johannes Martin v. Wendy's International Inc., No. 15-6998, N.D. Ill., 2017 U.S. Dist. LEXIS 64435).



6th Circuit Upholds Rejection Of Lanham Act Claims Against UPS
CINCINNATI - Allegations that United Parcel Service Inc. (UPS) committed infringement when it used the "UPS OrderLink" trademark in connection with a free software program despite rejection of the same by the U.S. Patent and Trademark Office were properly rejected by a Michigan federal judge, the Sixth Circuit U.S. Court of Appeals ruled May 3 (Progressive Distribution Services Inc. v. United Parcel Service Inc., No. 16-1830, 6th Cir., 2017 U.S. App. LEXIS 7841).



4th Circuit Affirms: Confusion Unlikely In '450' Trademark Case
RICHMOND, Va. - A North Carolina federal judge did not err in concluding that consumers were unlikely to be confused between the use of "450" in connection with competing hair care products, the Fourth Circuit U.S. Court of Appeals affirmed May 5 (Grayson O Company v. Agadir International LLC, No. 15-2552, 4th Cir., 2017 U.S. App. LEXIS 8010).



8th Circuit Panel Affirms Grant Of Injunction Against Dry Cleaner Franchisee
ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on April 28 affirmed a Minnesota federal judge's grant of a permanent injunction enjoining a dry cleaner franchisee from using Martinizing International LLC's trademarks but said Martinizing was not entitled to punitive damages, costs or attorney fees in its action against the franchisee and two of its employees because they agreed to cease using the marks (Martinizing International LLC v. BC Cleaners LLC, et al., No. 16-1069, 8th Cir., 2017 U.S. App. LEXIS 7531).



New York Federal Judge Retains Jurisdiction Over Copyright, Trademark Case
NEW YORK - Efforts by a defendant to obtain dismissal for lack of jurisdiction and improper venue of allegations that it infringed copyrighted and trademarked fine jewelry designs were rejected May 4 by a New York federal judge, who found that personal jurisdiction exists in the case (Verragio Inc. v. SK Diamonds, No. 16-6931, S.D. N.Y., 2017 U.S. Dist. LEXIS 68422).



4th Circuit Affirms Dismissal Of False Advertising Claims
RICHMOND, Va. - A Virginia federal judge's decision to dismiss allegations of false advertising levied in connection with Better Business Bureau ratings was not erroneous, the Fourth Circuit U.S. Court of Appeals ruled April 24 (Wall & Associates Inc. v. Better Business Bureau of Central Virginia, Inc., et al., No. 16-1819, 4th Cir., 2017 U.S. App. LEXIS 7118).



Federal Circuit Sides With False Marking, False Advertising Defendant
WASHINGTON, D.C. - A North Carolina federal judge did not err in granting summary judgment to a Lanham Act and Patent Act defendant accused of marking its key-cutting machines as "patent pending," the Federal Circuit U.S. Court of Appeals ruled April 13 (Gordon Gravelle v. Kaba Ibco Corp., No. 16-2318, Fed. Cir., 2017 U.S. App. LEXIS 6246).



3rd Circuit Vacates, Remands Damage Award In Trademark Dispute
PHILADELPHIA - A decision by a Pennsylvania federal judge to "eschew" statutory damages and award more than $4 million to a trademark plaintiff was an abuse of discretion because "the record was insufficient to approximate actual damages," the Third Circuit U.S. Court of Appeals ruled April 18 (Covertech Fabricating Inc. v. TVM Building Products Inc., No. 15-3893, 3rd Cir., 2017 U.S. App. LEXIS 6588).



Trademark Plaintiff Largely Prevails In Nebraska Federal Case
OMAHA, Neb. - A request by a plaintiff for summary judgment on its allegations that four defendants infringed the "LaGrange" trademark was granted, in part, by a Nebraska federal judge on April 18 (JDR Industries v. James L. Vance, et al., No. 14-284, D. Neb., 2017 U.S. Dist. LEXIS 58912).



Judge Finds Hoverboard Seller Infringed On Trademarks, Awards $1M
LOS ANGELES - A California federal judge on April 20 granted a motion filed by the owner of certain trademarks for summary judgment on its other claims for infringement and counterfeiting of a registered mark, awarding it $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).



Judge: Fact Issues Exist Whether Defendants Used Bimbo's Trade Secrets
SALT LAKE CITY - Defendants in a misappropriation of trade secrets lawsuit have failed to show that no genuine issues of material fact exist as to whether they violated Utah's trade secrets statute in producing bread products using the trade secrets owned by another company, a federal judge in Utah ruled April 12 (Bimbo Bakeries Inc. v. Leland Sycamore, et al., No. 13-749, D. Utah, 2017 U.S. Dist. LEXIS 57861).



Company's Trade Secrets Misappropriation Claims Survive Dismissal Motion
DALLAS - Defendants in a misappropriation of trade secrets and intellectual property lawsuit have failed to show that a plaintiff failed to state its claims for violation of the Texas Uniform Trade Secrets Act (TUTSA), as well as several common-law claims, a federal magistrate judge in Texas ruled May 8 in denying the defendants' motion to dismiss (TeamLogic Inc. v. Meredith Group IT LLC, et al., No. 16-2542, N.D. Texas, 2017 U.S. Dist. LEXIS 69580).



Indiana Magistrate Judge Orders Discovery Of Franchise Pacts In Restaurant Row
HAMMOND, Ind. - An Indiana magistrate judge on May 10 granted a Texas grill and saloon franchisor's motion to compel discovery of franchise agreements of a western-style restaurant franchisor that is accusing it of trademark and trade dress infringement, but limited it to production of U.S. franchise agreements because requiring production of foreign franchise agreements, if any, would be "disproportional to the needs of the case" (Texas Roadhouse Inc., et al. v. Texas Corral Restaurants Inc., et al., No. 2:16-cv-28, N.D. Ind., 2017 U.S. Dist. LEXIS 71182).



9th Circuit Affirms Dismissal In Dispute Over Growth Hormone Ads
SAN FRANCISCO - A California federal judge properly rejected a state law unfair competition plaintiff's effort to apply the Lanham Act's "establishment claim" standard outside the context of a Lanham Act claim, the Ninth Circuit U.S. Court of Appeals ruled April 21 (Serena Kwan, on behalf of herself and all others similarly situated v. SanMedica International, No. 15-15496, 9th Cir., 2017 U.S. App. LEXIS 6995).



Dismissal Of Trademark Dispute Between Tracks, Kentucky Downs Affirmed
CINCINNATI - Allegations that Kentucky Downs LLC infringed the trademarks of other horse racing venues when operating an historical horse-race gambling platform were properly dismissed, the Sixth Circuit U.S. Court of Appeals ruled April 19 (Oaklawn Jockey Club Inc., et al. v. Kentucky Downs LLC and Exacta Systems LLC, No. 16-5582, 6th Cir., 2017 U.S. App. LEXIS 7078).



Judge Dismisses Infringement Claim Against Party City Over Drink Vessel Patent
SAN DIEGO - A California federal judge on April 25 dismissed claims asserted by a drink vessel maker for patent infringement and unjust enrichment in relation to a party supply retailer's alleged infringement on its utility patent but found that part of its claim for violation of California's unfair competition law (UCL) can proceed (Small Axe Enterprises Inc. v. Amscan Inc., et al., No. 3:16-cv-00981, S.D. Calif., 2017 U.S. Dist. LEXIS 62900).



Copyright, Lanham Act Claims Partly Dismissed In Dispute Over Bobblehead
SAN DIEGO - Allegations that the sellers of a Hillary Clinton bobblehead doll committed false advertising by falsely claiming an association with the Trump organization fail to plead proximate causation because the claims lack evidence of lost sales or reputational damage, a California federal judge ruled May 8 (Bobbleheads.com LLC v. Wright Brothers Inc., et al., No. 16-2790, S.D. Calif., 2017 U.S. Dist. LEXIS 70050).



2nd Petition For Certiorari Filed In Dispute Over 'M2' Trademark
WASHINGTON, D.C. - An April 7 petition for certiorari to the U.S. Supreme Court represents the second request for review of a 2016 Fifth Circuit U.S. Court of Appeals ruling that affirmed a finding of no infringement in a dispute over two technology firms' use of the "M2" trademark that has led to the filing of three lawsuits (David Escamilla v. M2 Technology Inc., et al., No. 16-1213, U.S. Sup.).



Day Care Operator Appeals Contempt Ruling In 'Rainbow' Trademark Suit
RICHMOND, Va. - A child care center operator filed a brief with the Fourth Circuit U.S. Court of Appeals on April 26, seeking reversal of a trial court's entry of two contempt orders, arguing that it made good faith efforts to remove a disputed "Rainbow" from its website (Rainbow School Inc. v. Rainbow Early Education Holding LLC, et al., No. 17-1055, 4th Cir.).



Machine Company Tells 7th Circuit Defamation Pact Did Not Include Trademark Suit
CHICAGO - In a May 8 brief to the Seventh Circuit U.S. Court of Appeals, a machine company appeals a trial court's finding that the settlement of a defamation suit with a competitor also applied to a previously issued trademark judgment between the two firms and released a judgment in the plaintiff's favor (Engineered Abrasives Inc. v. American Machine Products & Services Inc., et al., No. 17-1429, 7th Cir.).