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Preview: LexisNexis® Mealey's™ Trademarks Legal News

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Headline Trademarks Legal News from LexisNexis®



 



West Virginia Federal Judge: Res Judicata Bars Trademark Claims
CHARLESTON, W.Va. - Allegations of trademark abandonment through naked licensing were dismissed March 31 by a West Virginia federal judge pursuant to the doctrine of res judicata (Gerald Mollohan v. Brothers of the Wheel M.C. Executive Council Inc., No. 13-32251, S.D. W.Va., 2017 U.S. Dist. LEXIS 48690).



Judge: Expert Testimony Is Relevant, Reliable In Weight Loss Drug Trademark Suit
SAN DIEGO - A California federal judge on March 29 allowed rebuttal expert testimony in a trademark lawsuit over the quality of a weight loss supplement because the expert is qualified and her testimony is relevant and based on reliable methods (Obesity Research Institute LLC v. Fiber Research International LLC, et al., No. 15-595, S.D. Calif., 2017 U.S. Dist. LEXIS 46999).



11th Circuit Panel Says Groucho's Trademark Suit Barred By Laches
ATLANTA - An 11th Circuit U.S. Court of Appeals panel on March 29 affirmed summary judgment in favor of a delicatessen in a lawsuit in which a restaurant chain franchisor said the deli's name infringed on its registered service mark, saying the complaint was barred by laches (Groucho's Franchise Systems LLC v. Grouchy's Deli Inc., No. 16-16279, 11th Cir., 2017 U.S. App. LEXIS 5437).



Illinois Federal Judge: Does Noble Roman's Lawsuit Name Correct Defendant?
CHICAGO - An Illinois federal judge on March 29 denied both plaintiff and defense motions for summary judgment in a breach of contract and Lanham Act case, saying there is a question of whether the correct corporate entity has been named as the defendant (Noble Roman's Inc. v. B&MP LLC, et al., No. 15-cv-9446, N.D. Ill., Eastern Div., 2017 U.S. Dist. LEXIS 46861).



New Jersey Federal Judge Grants Howard Johnson Judgment Against Franchisee
NEWARK, N.J. - A New Jersey federal judge on April 3 granted Howard Johnson International Inc.'s (HJI) unopposed motion for summary judgment on breach of contract, breach of guarantee and Lanham Act claims against a franchisee, saying the franchisee did not provide any information refuting HJI's claims (Howard Johnson International Inc. v. SSR Inc., et al., No. 14-4611, D. N.J., 2017 U.S. Dist. LEXIS 51109).



Indiana Federal Judge Extends Injunction Against Former Fitness Salon Franchisee
INDIANAPOLIS - An Indiana federal judge on April 5 adopted a magistrate judge's recommendation and extended a preliminary injunction against a woman who allegedly began operating a competing fitness business using a fitness franchisor's trademarks, logos and confidential information, saying that she failed to show that the order was clearly in error (Get in Shape Franchise Inc. v. TFL Fishers LLC, et al., No. 1:16-cv-01374, S.D. Ind., 2017 U.S. Dist. LEXIS 51626).



Terminated Franchisees Preliminarily Enjoined From Using Dickey's Barbecue Marks
SHERMAN, Texas - Two weeks after issuing a temporary restraining order (TRO) against the terminated franchisees of two Arizona Dickey's Barbecue Pit locations to prevent them from using the barbecue chain's trademarks, a Texas federal judge on March 22 granted the franchisor's motion for a preliminary injunction, finding the plaintiff likely to succeed on its trademark infringement claims (Dickey's Barbecue Pit Inc., et al. v. Celebrated Affairs Catering Inc., et al., No. 4:17-cv-00127, E.D. Texas, 2017 U.S. Dist. LEXIS 41038).



House, Senate Unveil Legislation Aimed At Stolen Trademarks
WASHINGTON, D.C. - Identical bills devoted to curbing the practice of Cuban confiscation of trademarks were recently introduced in both chambers of Congress; S. 259 and H.R. 1450 are both titled the "No Stolen Trademarks Honored in America Act."



Judge: Intellectual Property Exclusion Relieves Insurer Of Its Duty To Defend
RIVERSIDE, Calif. - A California federal judge on April 3 entered final judgment in favor of a commercial general liability insurer after finding that it has no duty to defend its insured against an underlying trademark and trade dress infringement lawsuit because the insurance policy's intellectual property exclusion bars coverage for all claims (Secard Pools, Inc., et al. v. Kinsale Insurance Co., No. 16-02404, C.D. Calif., 2017 U.S. Dist. LEXIS 47871).



Judge: Suit Fails To Allege Insured Published Material That Disparages Sprint
BALTIMORE - A Maryland federal judge on March 29 held that Sprint's underlying lawsuit against an insured fails to allege the publication of disparaging material and, therefore, the insurer's duty to defend was not triggered under the policy's "personal and advertising injury coverage" (Unwired Solutions, Inc. v. Ohio Security Insurance Co., No. 16-0405, D. Md., 2017 U.S. Dist. LEXIS 46215).



No Coverage For False Advertising Claims Against Insured, 6th Circuit Affirms
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on April 11 affirmed a lower federal court's ruling that a business liability policy does not provide coverage for false advertising claims brought against an eye health supplement maker insured by a competitor, finding that the insured failed to demonstrate that the underlying complaint alleged a product disparagement claim (Vitamin Health, Inc. v. Hartford Casualty Insurance Co., No.16-1724, 6th Cir.).



9th Circuit Dismisses Appeal In Coverage Dispute Over Trademark Claims
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on March 21 dismissed an insured's appeal in an advertising injury coverage dispute after a lower federal court determined on remand that it lacked subject matter jurisdiction over the case (Vogue International, LLC, d.b.a. Vogue International v. Hartford Casualty Insurance Co., No. 14-56394, 9th Cir., 2017 U.S. App. LEXIS 5011).



Award Vacated, Trademark Infringement Verdict Upheld By 5th Circuit
NEW ORLEANS - An award of royalty damages on behalf of a trademark infringement plaintiff was vacated March 16 by the Fifth Circuit U.S. Court of Appeals (Streamline Production Systems Inc. v. Streamline Manufacturing Inc., No. 16-20046, 5th Cir., 2017 U.S. App. LEXIS 4708).



New York Federal Judge Grants Verizon Motion In Service Mark Case
BROOKLYN, N.Y. - Allegations that Verizon Communications Inc. committed trademark infringement when it adopted the term "Free Will" in connection with an advertising campaign were dismissed March 17 by a New York federal judge (Public Free Will Corp. v. Verizon Communications Inc., No. 15-6354, E.D. N.Y., 2017 U.S. Dist. LEXIS 39168).



New York Federal Judge Grants Partial Judgment In Trademark Case
ALBANY, N.Y. - Citing evidence that a defendant acted outside the scope of its licensing agreement with a plaintiff, as well as evidence that the defendant used a trademark identical to that of a plaintiff, a New York federal judge on March 22 granted partial summary judgment in a dispute over sports protective eyewear (Halo Optical Products Inc. v. Liberty Sport Inc., No. 14-282, N.D. N.Y., 2017 U.S. Dist. LEXIS 41084).



Illinois Federal Judge Finds Ethics Violation In Trademark Case
CHICAGO - All previous pleadings by counsel for three common-law trademark defendants were stricken March 28 by an Illinois federal judge as a sanction for ethics violations (Lectric Limited v. DGW Inc., No. 15-7744, N.D. Ill., 2017 U.S. Dist. LEXIS 44867).



South Dakota Federal Judge Vacates Damage Award In Trademark Case
RAPID CITY, S.D. - A money judgment totaling nearly $1 million was vacated March 10 by a South Dakota federal judge on laches grounds, despite findings in the same ruling that a plaintiff owns a valid and infringed trademark (Sturgis Motorcycle Rally Inc. v. Rushmore Photo & Gifts Inc., et al., No. 11-5052, D. S.D.; 2017 U.S. Dist. LEXIS 39462).



D.C. Federal Judge: Domain Registration Would Not Change Trial Outcome
WASHINGTON, D.C. - Efforts by a defendant to obtain a new trial in a dispute over the "La Indita Michoacana" trademark in light of newly discovered evidence were denied March 30 by a District of Columbia federal judge (Paleteria La Michoacana Inc., et al. v. Productos Lacteos Tocumbo S.A. De C.V., No. 11-1623, D. D.C.).



Record Label Says 'Empire' Trademark Infringement Falls Into Exception Of Rogers
SAN FRANCISCO - A record label argues to the Ninth Circuit U.S. Court of Appeals in its March 15 reply brief that Rogers v. Grimaldi, 875 F.2d 994, 997 (2d Cir. 1989), does not govern the infringement of its trademarks by television companies because their use of a mark in the title of a television series and music soundtracks falls within an exception to Rogers (Twentieth Century Fox Television, et al. v. Empire Distribution Inc., No. 16-55577, 9th Cir.).



Firearms Dealer: Heightened Scrutiny For Denial Of Jury Trial In Trademark Suit
WASHINGTON, D.C. - In a trademark dispute over a profits claim, a firearms dealer argues to the U.S. Supreme Court in a March 15 reply brief that when a party clearly intends to pursue a jury trial, "heightened scrutiny applies to a district court's denial of that right" (Clyde Armory Inc. v. FN Herstal S.A., No. 16-936, U.S. Sup.).



Plastics Firms Debate Attorney Fees Award In 8th Circuit Trademark Appeal
ST. LOUIS - On a second appeal before the Eighth Circuit U.S. Court of Appeals regarding the ownership of a trademark connected with plastic products in the poultry field, two plastic manufacturing companies filed briefs arguing whether an Iowa federal judge properly clarified an earlier ruling on remand and awarded attorney fees under state law based on the defendant's harassment of the plaintiff (East Iowa Plastics Inc. v. PI Inc., No. 16-4574, 8th Cir.).



Trade Dress, Trademark Protection Of Light Installations Debated In 8th Circuit
ST. LOUIS - An artist known for light installations and a one-time potential client have filed briefs in the Eighth Circuit U.S. Court of Appeals, debating whether a trial court properly dismissed the artist's trade dress and trademark claims over a purported lookalike, and similarly-named, display as preempted by copyright law (Bruce Munro, et al. v. Lucy Activewear Inc., et al., No. 16-4483, 8th Cir.).



5th Circuit: Fraud Upon PTO Does Not Make Case Exceptional
NEW ORLEANS - A Texas federal judge properly ruled that fraud upon the U.S. Patent and Trademark Office (PTO) does not automatically render a case exceptional, thereby triggering an award of attorney fees, the Fifth Circuit U.S. Court of Appeals ruled March 1 (Stacey Vetter v. Christine McAtee, No. 15-20575, 5th Cir., 2017 U.S. App. LEXIS 3698).



Texas Magistrate Judge Recommends Trademark Lawsuit Should Proceed
AUSTIN, Texas - Efforts by a defendant to obtain judgment on the pleadings on allegations that it committed false advertising and trademark infringement should be denied, a Texas federal magistrate judge recommended March 3 (University Loft Company v. Blue Furniture Solutions LLC, No. 15-826, W.D. Texas, 2017 U.S. Dist. LEXIS 30767).



Texas Federal Judge Grants Dickey's Motion For Injunction In Infringement Dispute
SHERMAN, Texas - A Texas federal judge on March 6 granted Dickey's Barbecue Pit Inc.'s motion for preliminary injunctive relief in a dispute with former franchisees who are alleged to have kept selling Dickey's trademarked products after a franchise agreement was terminated, saying that the barbecue franchisor is likely to prevail in its trademark infringement suit (Dickey's Barbecue Pit Inc., et al. v. Celebrated Affairs Catering Inc., et al., No. 4:17-cv-00127, E.D. Texas, 2017 U.S. Dist. LEXIS 30814).



Magistrate Criticizes Discovery Responses In Copyright Case, Scolds Entire District
NEW YORK - In a Feb. 28 ruling, a New York federal magistrate judge not only found a copyright and trademark defendant's discovery responses to be noncompliant with Federal Rule of Civil Procedure 34, he also took the opportunity to criticize attorneys throughout the district for continually failing to comply with December 2015 amendments to the rule (James H. Fischer v. Stephen T. Forrest Jr., et al., No. 1:14-cv-01304 and 1:14-cv-01307, S.D. N.Y., 2017 U.S. Dist. LEXIS 28102).



Indiana Federal Judge Says Noble Roman's Failure To Act Caused Infringement
INDIANAPOLIS - An Indiana federal judge on Feb. 27 granted a gas station and convenience store operator's motion for summary judgment on Noble Roman Inc.'s claims for violation of the Lanham Act, saying that Noble Roman's delay in taking action to protect its trademarks led to the defendant's continued infringement (Noble Roman's Inc. v. Hattenhauer Distributing Co., No. 1:14-cv-1734, S.D. Ind., 2017 U.S. Dist. LEXIS 27022).



Judge Allows Testimony On Lost Profits, Royalty Damages In Patent, Trademark Suit
SAN JOSE, Calif. - In a patent and trademark infringement dispute between competitors in the fitness and exercise equipment industry, a California federal judge on March 6 refused to exclude expert testimony on lost profits damages and royalty damages (Fitness Anywhere LLC v. WOSS Enterprises LLC, No. 14-01725, N.D. Calif.; 2017 U.S. Dist. LEXIS 31505).



Judge Excludes Expert In Trademark Lawsuit For Lack Of Experience
GREENBELT, Md. - A federal judge in Maryland on Feb. 21 excluded the testimony of an expert in a trademark infringement lawsuit on grounds that his opinions were "non-substantiated proclamations on the ultimate questions of law and he lacked the requisite training education or experience in the relevant field of proffered expertise" (JFJ Toys Inc., et al. v. Sears Holdings Corporation, et al., No. 14-3527, D. Md.).



Michigan Federal Judge Denies Relief, Dismisses False Advertising Case
DETROIT - A request for preliminary and permanent injunctive relief barring the host of a training program on tinnitus care from providing participants with a "Tinnitus Care Provider Certificate" upon completion of the program was rejected Feb. 21 by a Michigan federal judge, who found instead that the plaintiff lacks standing to levy claims of false advertising under Section 1125(a) of the Lanham Act (Academy of Doctors of Audiology v. International Hearing Society, No. 16-13839, E.D. Mich., 2017 U.S. Dist. LEXIS 23652).



New Jersey Federal Judge Denies Injunction In Trademark Case
TRENTON, N.J. - Citing the dates upon which a plaintiff and defendant first began using a disputed trademark, a New Jersey federal judge on Feb. 24 denied the plaintiff's request for preliminary injunctive relief (Watch Yo Mouth LLC v. Denbigh and Associates LLC, d/b/a Skyler Innovations, No. 17-717, D. N.J., 2017 U.S. Dist. LEXIS 26258).



Judge Orders BMW To Show Cause As To Why UCL Case Should Not Be Transferred
LOS ANGELES - A California federal judge on Feb. 21 ordered a car manufacturer to show cause as to why its claims for violation of California's unfair competition law and trademark infringement should not be transferred to another venue (BMW of North America, LLC, et al. v. Michael Chambers, et al., No. 17-0846, C.D. Calif., 2017 U.S. Dist. LEXIS 24096).



Judge Finds Salesman Did Not Infringe On Trade Secret With Boat Design
TAMPA, Fla.- A Florida federal judge on Feb. 16 granted judgment in favor of a boat maker, finding that customer information did not constitute a trade secret and that a reasonable jury could not find that it infringed on another company's trade dress when it manufactured an allegedly similar boat (Yellowfin Yachts Inc. v. Barker Boatworks, LLC, et al., No. 8:15-cv-990, M.D. Fla.; 2017 U.S. Dist. LEXIS 21745).



Med Tech Company Opposes Review Of Overturned $340M Antitrust Award
WASHINGTON, D.C. - In a dispute over entitlement to a treble damages award for attempted monopolization under Section 2 of the Sherman Act, a medical technology company argues in a Feb. 15 brief to the U.S. Supreme Court that there is no evidence that its alleged false advertising harmed competition or that it "tainted" the market by selling a flawed product (Retractable Technologies Inc. and Thomas Shaw v. Becton Dickinson & Co., No. 16-953, U.S. Sup.).



Firearms Distributor Opposes Review On Denial Of Profits Claim In Trademark Suit
WASHINGTON, D.C. - A manufacturer and distributor of firearms argues in a Feb. 27 brief that the U.S. Supreme Court should decline review on whether a district court's refusal to allow amendment of a proposed pretrial order to assert a profits claim was an abuse of discretion (Clyde Armory Inc. v. FN Herstal S.A., No. 16-936, U.S. Sup.).



New York Magistrate Judge: Deny Sanctions In Copyright, Trademark Case
NEW YORK - A request for sanctions pursuant to 28 U.S.C. 1927 by a prevailing copyright and trade dress infringement defendant should be denied, according to a Feb. 13 ruling by a New York federal magistrate judge, who found that plaintiff's counsel did not commit fraud upon by failing to quickly correct perjured depositions (Crown Awards Inc. v. Trophy Depot Inc., No. 15-1178, S.D. N.Y., 2017 U.S. Dist. LEXIS 20393).



6th Circuit Reverses Cancellation Of Trademark Ab Initio
CINCINNATI - An Ohio federal judge's grant of summary judgment on a counterclaim seeking to void the "IntelliJet" trademark was reversed Feb. 3 by the Sixth Circuit U.S. Court of Appeals (NetJets Inc. v. IntelliJet Group LLC, No. 15-4230, 6th Cir., 2017 U.S. App. LEXIS 2062).



Lanham Act Claims Over Political Ad Dismissed, Copyright Claims Survive
WASHINGTON, D.C. - A District of Columbia federal judge on Jan. 31 refused to decide the question of whether inclusion of an altered, copyrighted song in a 30-second advertisement critical of former Wisconsin Sen. Russ Feingold qualifies as a fair use under the Copyright Act, 17 U.S.C. 107, deeming such a determination inappropriate in response to a motion to dismiss (Roger Nichols, et al. v. Club for Growth Action, No. 16-220, D. D.C., 2017 U.S. Dist. LEXIS 12820).



California Federal Judge: Plaintiff Not Barred From Calling Products Similar
LOS ANGELES - A defense motion in limine seeking to prevent a plaintiff from referring to an allegedly infringing jewelry line as "similar" to a jewelry line made by the plaintiff was denied Feb. 6 by a California federal judge (Brighton Collectibles LLC v. Believe Production Inc., No. 15-579, C.D. Calif., 2017 U.S. Dist. LEXIS 16594).



Florida Federal Judge Sides With Ford In Trade Dress, Infringement Case
ORLANDO, Fla. - Allegations that Ford Motor Co. committed tortious interference were rejected Jan. 30 by a Florida federal judge, who found that trademark and trade dress-related demand letters sent by the automaker to distributors of allegedly infringing products were not objectively baseless (Silverhorse Racing LLC v. Ford Motor Company, No. 16-53, M.D. Fla., 2017 U.S. Dist. LEXIS 12213).



$500M Verdict Returned In Trade Secrets Trial Involving Virtual Reality Software
DALLAS - A Texas federal jury on Feb. 1 ordered four defendants - including Facebook Inc. - to pay a combined $500 million in actual damages to two virtual reality (VR) technology companies for copyright and trademark infringement, conversion, violations of a nondisclosure agreement and false designation (ZeniMax Media Inc., et al. v. Oculus VR Inc., et al., No. 14-cv-1849, N.D. Texas, Dallas Div.).



Trademark Dispute Between Competing Restaurants Ends With Defense Verdict
BALTIMORE - A Maryland federal jury on Jan. 19 sided squarely with a restaurant accused of unfair competition and trademark infringement by a competitor (Cava Group Inc. v. Mezeh-Annapolis LLC, et al., No. 14-355, D. Md.).



6th Circuit Partly Vacates Decision Voiding Trademark Applications
CINCINNATI - When an intent-to-use (ITU) trademark applicant proceeding under Lanham Act 1(b) lacks a bona fide intent to produce some, but not all, of the goods and services listed in the application, the application "should not be voided in its entirety absent fraud or other egregious conduct," a divided panel of the Sixth Circuit U.S. Court of Appeals ruled Jan. 23 (Kelly Services Inc. v. Creative Harbor LLC, No. 16-1200, 6th Cir.; 2017 U.S. App. LEXIS 1131).



Illinois Federal Judge: Australian Must Defend Trademark Claims In United States
CHICAGO - Efforts by an individual defendant accused of trademark infringement to obtain dismissal on jurisdictional grounds were rejected Jan. 25 by an Illinois federal judge, who noted that the person - as owner and director of a co-defendant corporation - would be "be significantly involved in the case regardless of the claims against him personally" (Deckers Outdoor Corporation v. Australian Leather Pty. Ltd., et al., No. 16-3676, N.D. Ill.; 2017 U.S. Dist. LEXIS 11087).



7th Circuit Affirms: Shape, Design Of Bag Are Functional
CHICAGO - Allegations of trade dress infringement by the maker of personal care kits were properly rejected by an Illinois federal judge, the Seventh Circuit U.S. Court of Appeals concluded Jan. 27 (Arlington Specialties Inc. v. Urban Aid Inc., No. 14-3416, 7th Cir., 2017 U.S. App. LEXIS 1506).



Michigan Federal Judge Overturns Verdict In Favor Of False Advertising Plaintiff
GRAND RAPIDS, Mich. - A May 2016 jury verdict that a defendant committed false advertising and corresponding $3.8 million award were thrown out on Jan. 30 by a Michigan federal judge (A.L.S. Enterprises Inc. v. Robinson Outdoor Products LLC, No. 14-500, W.D. Mich., 2017 U.S. Dist. LEXIS 11946).



Plaintiffs In Philadelphia Restaurant Battle Fight Attempt To Dismiss Case
PHILADELPHIA - Plaintiffs in a lawsuit alleging intentional infringement and misappropriation of intellectual property, unfair competition and breach of fiduciary duties that has the owners of a 116-year-old restaurant fighting over its name and franchising on Jan. 18 filed an opposition to a motion to dismiss their lawsuit for failure to state a claim, saying they have alleged more than enough facts to support all of their claims (Karen Castagna, et al. v. James Rubino Jr., et al., No. 2:16-cv-05066, E.D. Pa.).



New Jersey Federal Judge Dismisses Complaint In Tony Luke's Name Battle
CAMDEN, N.J. - A New Jersey federal judge on Jan. 30 granted a defendants' motion to dismiss a trademark infringement and unfair competition complaint in a family feud over control of the name of the Tony Luke's sandwich empire for lack of subject matter jurisdiction (TR Worldwide Phillyfood LLC v. Tony Luke Inc., et al., No. 1:16-cv-01185, D. N.J.).



Panel Upholds Lanham Act Judgment Without Expert Testimony On Actual Injury
RICHMOND, Va. - Without expert testimony, a seller of internet domain names could not establish the elements of its Lanham Act claim, the Fourth Circuit U.S. Court of Appeals ruled Feb. 8, finding that there was no evidence that the seller suffered an actual injury as a direct result of a competitor's conduct (Verisign Inc. v. XYZ.com LLC and Daniel Negari, No. 15-2526, 4th Cir., 2017 U.S. App. LEXIS 2264).



Judge Refuses Dismissal Of Claims Related To Online Sale Of Hair Products
SAN DIEGO - A California federal judge on Feb. 7 refused to dismiss a hair product company's claims for violation of California's unfair competition law (UCL) and intentional interference with contractual relations, finding that a retailer had notice that it was potentially selling unauthorized products online and that it showed that a valid contract exists (Unite Eurotherapy Inc. v. Walgreens Co., et al., No. 16-cv-01706, S.D. Calif., 2017 U.S. Dist. LEXIS 18116).



Federal Judge Remands Company's UCL Claims Related To Trademark
OAKLAND, Calif. - A California federal judge on Feb. 10 granted an exclusive licensee's motion to remand its claims for violation of California's unfair competition law (UCL) and other claims related to the alleged unauthorized use of a trademark, finding that it did not waive its right to remand the action (SWC Inc. v. Elite Promo Inc., No. 16-cv-07071, 2017 U.S. Dist. LEXIS 19513).



Counterclaims Did Not Allege Advertising Injury, 10th Circuit Affirms
ATLANTA - The 10th Circuit U.S. Court of Appeals on Feb. 8 found that underlying counterclaims against an insured failed to assert facts that constituted an "advertising injury" under general liability and excess insurance policies, affirming a lower federal court's finding that the insurer did not have a duty to defend its insured (IVFMD Florida, Inc. v. Allied Property & Casualty Insurance Co., No. 16-15127, 11th Cir., 2017 U.S. App. LEXIS 2218).



Government Tells High Court Not To Review Drug Trademark Dispute
WASHINGTON, D.C. - The federal government argues in a Jan. 24 opposition brief that the U.S. Supreme Court should not review a ruling that held Bayer Consumer Care AG (BCC) and Bayer Healthcare LLC (Bayer, collectively) could sue under Sections 14(3) and 43(a) of the Lanham Act over a foreign brand name the company never used in the United States because concerns that it would dramatically change U.S. trademark law were "overblown" (Belmora LLC and Jamie Belcastro v. Bayer Consumer Care AG, et al., No. 16-548, U.S. Sup.).



University Opposes Supreme Court Review Of Trademark Case Over Use Of Name
WASHINGTON, D.C. - A New Jersey university argues in a Jan. 20 opposition brief that the U.S. Supreme Court should not review whether the First and 14th Amendments to the U.S. Constitution protect an alumni association from trademark infringement claims in connection with its use of the words "alumni association" in conjunction with the university's name (Alumni Association of New Jersey Institute of Technology v. New Jersey Institute of Technology, No. 16-798, U.S. Sup.).



Firearms Seller Seeks Review Over Denial To Assert Profits Claim In Trademark Suit
WASHINGTON, D.C. - A seller and distributor of firearms, in a trademark infringement lawsuit, petitioned on Jan. 25 for writ of certiorari to ask the U.S. Supreme Court whether a district court's refusal to allow it to amend a proposed pretrial order to assert a profits claim was an abuse of discretion (Clyde Armory Inc. v. FN Herstal S.A., No. 16-936, U.S. Sup.).



Company Seeks High Court Review Of Res Judicata Ruling Under B&B Hardware
WASHINGTON, D.C. - A software company in a Jan. 18 petition for writ of certiorari asks the U.S. Supreme Court to decide whether the Fifth Circuit U.S. Court of Appeals is bound by B&B Hardware Inc. v. Hargis Industries Inc., 135 S.Ct. 1293 (2015), "in a trademark declaratory action brought solely to relitigate the likelihood of confusion issue after the Trademark Trial and Appeal Board had already rendered a final judgment determining likelihood of confusion" (M2 Software Inc. v. M2 Technology Inc., No. 16-909, U.S. Sup.).



Belmora Argues Courts Recognize Limits To Suing For Trademark Cancellation
WASHINGTON, D.C. - In a Feb. 8 reply brief, Belmora LLC argues to the U.S. Supreme Court that courts "generally recognized that the principle of territoriality imposed a real limit on who could sue for cancellation of a trademark or unfair competition under the Lanham Act" (Belmora LLC and Jamie Belcastro v. Bayer Consumer Care AG, et al., No. 16-548, U.S. Sup.).



Alumni Association: 1st Amendment Bars Trademark Case Over Use Of Name
WASHINGTON, D.C. - The First Amendment to the U.S. Constitution protects an alumni association from trademark infringement claims in connection with its use of the words "alumni association" in conjunction with the university's name, the alumni association argues in its Jan. 30 reply brief to the U.S. Supreme Court, because it cannot identify who its members are without using the university's name (Alumni Association of New Jersey Institute of Technology v. New Jersey Institute of Technology, No. 16-798, U.S. Sup.).