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