Mealey's Trademarks
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July 22, 2024
Florida Federal Judge Allows Rebuttal Witness In Trademark Infringement Dispute
TAMPA, Fla. — A Florida federal judge rejected efforts to exclude a rebuttal witness retained to dispute another expert who opines on the likelihood of confusion between trademarks owned by competing aftermarket wheel manufacturers.
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July 22, 2024
3rd Circuit Affirms Remedies In Trademark Fight Over Airplane Parts
PHILADELPHIA — A Third Circuit U.S. Court of Appeals panel affirmed a Pennsylvania federal judge’s decision to award only a narrow portion of the damages requested by an engine part manufacturer that saw its trademark infringed by an engine manufacturer that used to buy its parts, holding that the lower court did not abuse its discretion when considering damages.
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July 22, 2024
5th Circuit Rejects Appliance Store’s Bid To Reconsider Fees In Trademark Dispute
NEW ORLEANS — A panel of the Fifth Circuit U.S. Court of Appeals on July 19 without comment rejected an appliance store’s request to reconsider its finding that it was owed no attorney fees even though the panel held that the store’s trademark on “Appliance Liquidation Outlet” was infringed by a competitor.
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July 17, 2024
9th Circuit Affirms Liability Finding In Cosmetics Counterfeiting Case
SAN FRANCSCIO — A Ninth Circuit U.S. Court of Appeals panel on July 16 affirmed a California federal judge’s finding that a man is personally liable for trademark counterfeiting in a case accusing him and a corporation he controlled of selling counterfeited beauty products, finding that there is no basis for the man’s argument that the products were being sold by a legal entity separate from him.
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July 17, 2024
Federal Judge: Trademark Claims Over Social Media Giant’s Use Of ‘X’ Can Continue
ORLANDO, Fla. — A federal judge in Florida largely denied a motion to dismiss from the company formerly known as Twitter Inc., finding that a much smaller social media advertising company adequately supported its claims that the social media giant infringed on its “X SOCIALMEDIA” trademark when it rebranded to X Corp. after being purchased by Elon Musk.
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July 16, 2024
Judge: Therabody’s Trademark Infringement Claims All Survive Dismissal Motion
NEWARK, N.J. — A federal judge in New Jersey denied a motion to dismiss filed by a store sued for alleged trademark infringement by the maker of percussive massage devices, finding that the manufacturer’s complaint adequately alleges that the store sold the devices without the manufacturer’s permission and without first entering into a reselling agreement.
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July 15, 2024
Magistrate Judge: Brewery’s Trademark Suit Definite Enough To Survive Motion
FORT PIERCE, Fla. — A distillery has more than enough information to formulate a response to a brewery’s claims that the distillery infringed on the brewery’s trademarks related to the 21st Amendment, a federal magistrate judge in Florida said, recommending that the distillery’s motion for a more definite statement be denied.
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July 11, 2024
3rd Circuit Reverses Attorney Fees Against Nike In ‘Cool Compression’ Mark Row
PHILADELPHIA — A panel of judges in the Third Circuit U.S. Court of Appeals on July 10 upheld findings that Nike Inc. willfully infringed upon a much smaller clothing brand’s “Cool Compression” trademark but held that a Pennsylvania federal judge assigned too much weight to the “David and Goliath” nature of the case when determining attorney fees.
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July 10, 2024
Maker Of Body-Contouring Devices Gets Default Judgment In Patent And Trademark Row
NEW YORK — The manufacturer of body-contouring machines is entitled to default judgment and damages on its claims of patent infringement, trademark infringement and unfair competition brought against a salon that advertises nearly identical machines because it properly alleged and substantiated its claims, a New York federal judge found in granting the manufacturer’s motion for default judgment.
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July 09, 2024
Appliance Store In Trademark Fight Says 5th Circuit Wrongly Reversed Fees
NEW ORLEANS — An appliance store that the Fifth Circuit U.S. Court of Appeals held had its trademark on “Appliance Liquidation Outlet” infringed filed a petition for panel rehearing on a narrow aspect of the Fifth Circuit’s opinion, arguing that the panel majority was incorrect to reverse the award of attorney fees in the store’s favor.
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July 09, 2024
5th Circuit Orders New Trial In Trademark Dispute Over Guitar Shapes
NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel on July 8 held that a Texas federal judge abused his discretion in a trademark infringement dispute between electric guitar manufacturers by excluding decades of evidence regarding third-party use of the trademarks, ordering a new trial in the case.
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July 05, 2024
5th Circuit: Lower Court Misapplied Summary Judgment Standard In Trademark Row
NEW ORLEANS — A federal judge in Texas inappropriately granted summary judgment to a defendant hotel and restaurant group in an infringement dispute over the use of the phrase “Summer House” in a trademark, a panel of judges in the Fifth Circuit U.S. Court of Appeals held, finding that the judge misapplied the summary judgment standard by failing to consider the evidence in the light most favorable to the plaintiff.
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July 02, 2024
9th Circuit Affirms Use Of Consumer Survey In Trademark Dispute
SAN FRANCISCO — A federal judge in California did not abuse discretion by admitting a likelihood-of-confusion survey as expert evidence in a jury trial that ultimately found no likelihood of confusion between two trademarks used by business financing companies, a panel of the Ninth Circuit U.S. Court of Appeals held July 1, affirming the grant of final judgment in the defendant company’s favor.
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July 01, 2024
Judge Nixes Clothier’s Contributory Infringement Claim Against Website
NEW YORK — A streetwear company founded by rapper Young Thug does not show that online marketplace websites were aware that merchants were selling trademarked material and thus cannot pursue a contributory trademark infringement claim against them, a federal judge in New York found, dismissing one count against the websites from the complaint.
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June 28, 2024
High Court Overrules Chevron Deference, Changes Standard For Regulatory Review
WASHINGTON, D.C. — The U.S. Supreme Court on June 28 voted 6-3 to overrule the doctrine of Chevron deference as incompatible with the Administrative Procedure Act (APA) in two cases arising out of federal fishing regulations, changing governing precedent for federal courts reviewing agencies’ regulatory actions.
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June 24, 2024
5th Circuit: Store Infringed ‘Appliance Liquidation Outlet’ Mark, But No Fees Owed
NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel on June 21 partly reversed a Texas federal judge’s finding in a trademark infringement case, finding that the judge correctly held that a company’s trademark on “Appliance Liquidation Outlet” was infringed but incorrectly held that “Appliance Liquidation” is a valid mark in a dispute between competing stores.
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June 24, 2024
High Court To Decide If Lanham Act Allows Disgorgement Of Nonparty Profits
WASHINGTON, D.C. — The U.S. Supreme Court on June 24 granted a real estate firm’s petition for a writ of certiorari, agreeing to consider whether courts under the Lanham Act “can include an order for the defendant to disgorge the distinct profits of legally separate non-party corporate affiliates” and if the Fourth Circuit U.S. Court of Appeals improperly upheld a $43 million disgorgement award against it.
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June 19, 2024
Judge Rules ‘Florida Man’ Not Famous Enough For Dilution In Trademark Dispute
WEST PALM BEACH, Fla. — A federal judge in Florida granted in part a Florida company and its principal’s motion to dismiss a complaint alleging that the company violated another company’s “FLORIDA MAN” trademark, finding that the mark is not “famous” under federal or Florida law.
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June 17, 2024
4th Circuit: Lanham Act Does Not Preclude Judicial Review In Dispute Over Rum Mark
RICHMOND, Va. — A panel of judges in the Fourth Circuit U.S. Court of Appeals found that the Lanham Act does not preclude judicial review under the Administrative Procedure Act (APA), remanding to a Virginia federal judge a rum manufacturer’s claim that the U.S. Patent & Trademark Office inappropriately allowed a rival brand to renew a trademark a decade after its expiration.
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June 14, 2024
New York City Can Intervene In Cannabis Cruise Copyright, Trademark Litigation
NEW YORK — Citing the “undeniable interest” the city of New York has in a trademark and copyright infringement action involving the “NYC NEW YORK CANNABIS” logo, a federal judge in New York has granted the city’s motion to intervene.
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June 13, 2024
Magistrate Judge Denies Bid To Seal Financial Data In Patent, Trademark Row
NEW YORK — A letter request to redact “the factual basis” for a request for damages by a patent and trademark infringement plaintiff against defaulting infringement defendants has been rejected by a federal magistrate judge in New York.
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June 13, 2024
In Win For PTO, High Court Declares ‘Names’ Clause Constitutional
WASHINGTON, D.C. — The full U.S. Supreme Court on June 13 reversed a ruling by the Federal Circuit U.S. Court of Appeals that a provision of federal trademark law barring registrations that “falsely suggest a connection with persons, living or dead” violates free speech rights, but the justices, in several concurrences, offered vastly different reasons why.
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June 10, 2024
High Court Passes On Challenge To Review Standard For Likely Confusion
WASHINGTON, D.C. — Grubhub Inc. remains free to use a logo that drew the ire of a meal kit delivery service, with the U.S. Supreme Court on June 10 denying a petition for writ of certiorari that asked whether a trial court determination of likely confusion is reviewable on appeal for clear error, de novo or a combination of both standards.
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June 10, 2024
Panel Upholds Dismissal In Dispute Over ‘Pet Friendly’ Dog Shampoo
ATLANTA — A federal judge in Alabama did not err in granting a motion to dismiss trademark and copyright infringement claims leveled in connection with dog shampoo marketed as “pet friendly,” the 11th U.S. Circuit Court of Appeals has concluded.
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June 03, 2024
Patent, Trade Dress Row Over Vape Design Will Proceed Without Injunction
CHICAGO — A federal judge in Illinois overseeing a dispute between competing vape makers has rejected as premature a motion to dismiss counterclaims of design patent and trade dress infringement as well as a motion by the counterclaimant for a preliminary injunction.