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Mealey's Trademarks

  • December 18, 2024

    9th Circuit Affirms Rejection Of Counterclaims In Aviation Trademark Dispute

    SAN FRANCISCO — A Nevada federal magistrate judge did not err when it struck an airplane manufacturer’s request for a jury trial and denied it relief on its counterclaims against an airplane charter company of trademark infringement and other causes of action, a Ninth Circuit U.S. Court of Appeals panel held Dec. 17.

  • December 13, 2024

    Judge: Oil Company Can Remove Infringing Signage From Gas Station In Contempt

    PHILADELPHIA — An oil and gasoline company will be allowed to remove and paint over signage at a Philadelphia gas station after a Pennsylvania federal judge held the gas station in contempt for failing to comply with a permanent injunction ordering the company remove signs bearing the oil company’s trademarks.

  • December 12, 2024

    Va. Federal Judge Rules On Admissibility Of Dueling Trademark Valuation Experts

    ALEXANDRIA, Va. — A federal judge in Virigina ruled that an expert retained by a company suing its competitor for trademark infringement will provide testimony beyond the scope of a juror and denied a defense motion to exclude the testimony but found that a competing expert failed to properly explain his methodology for his conclusions and granted the plaintiff company’s motion to exclude in part.

  • December 12, 2024

    Judge Enters Stipulated Injunction, Judgment In ‘MARS’ Trademark Dispute

    LOS ANGELES — A federal judge in California entered a permanent injunction against defendant entities in a trademark dispute over the word mark “MARS,” the day after they filed a joint request with the plaintiff advertising agency for a stipulated judgment.

  • December 12, 2024

    California Drink Shop Appeals Dismissal Of Trademark Complaint

    LOS ANGELES — A plaintiff beverage store based in California and its owner appealed to the Ninth Circuit U.S. Court of Appeals on Dec. 11 a California federal judge’s order dismissing the trademark infringement case it brought against a New York wine store; the judge held that the plaintiff failed to establish personal jurisdiction for the New York shop.

  • December 12, 2024

    High Court Hears Arguments On Lanham Act Disgorgement Rules

    WASHINGTON, D.C. — The U.S. Supreme Court heard arguments on Dec. 11 regarding a Fourth Circuit U.S. Court of Appeals decision affirming a $43 million disgorgement award entered in a real estate company’s favor in a trademark infringement dispute with an entity it said infringed its marks, with the parties sparring over whether the Fourth Circuit and a Virginia federal court were correct to include profits from entities affiliated with the alleged infringer in damages calculations.

  • December 06, 2024

    Injunction Justified In Energy Drink Trademark Fight, 11th Circuit Says

    ATLANTA — An 11th Circuit U.S. Court of Appeals panel said a Georgia federal judge did not err in granting a preliminary injunction in a trademark infringement dispute between two manufacturers of dietary supplements over two alternative spellings of the word “cranked” in relation to energy drink products.

  • December 05, 2024

    Judge OKs Permanent Injunction Against Distributor In Import Trademark Case

    ATLANTA — A Georgia federal judge entered a permanent injunction against a defendant distribution company in a trademark dispute brought by the maker of a drink brand and its exclusive American distributor after the parties entered a stipulation indicating that the defendant company agreed to stop shipping the drink into the country.

  • December 04, 2024

    Judge: Producer Fails To Show He Owns Rap Group’s Trademarks, Copyright

    NEW YORK — A New York federal judge dismissed with prejudice trademark and copyright claims stemming from a dispute over ownership of intellectual property associated with a seminal hip-hop group, with the judge holding that the plaintiff music producer failed to show that the trademark in question was valid, along with multiple other failures.

  • December 02, 2024

    9th Circuit Tosses Appeal Over ‘MARS’ Word Mark After Dismissal Stipulation

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Nov. 29 dismissed an appeal of a California federal judge’s order that defendant advertising firms begin winding down their use of the word mark “MARS,” after the defendant firms stipulated with a plaintiff advertising firm to the voluntary dismissal of the appeal.

  • December 02, 2024

    Trademark, Copyright Claims Survive In Boat-Mooring Product Dispute

    NEW HAVEN, Conn. — In a trademark and copyright infringement dispute between two competing companies that make boat mooring products, a Connecticut federal judge denied the defendant company’s motion to dismiss the case, holding that the plaintiff company adequately substantiated its claims to survive the motion.

  • November 27, 2024

    Judge Dismisses ‘Tourism Academy’ Trademark Row After Settlement Agreement

    PHOENIX — After a magistrate judge overseeing a settlement conference between parties in a trademark dispute involving the use of the phrase “tourism academy” indicated in a minute entry that they had reached a settlement agreement, an Arizona federal judge ordered the case be dismissed within 45 days unless the parties issue a stipulation of dismissal at an earlier date.

  • November 27, 2024

    Judge Enters Recommended Injunction Against Alleged Louis Vuitton Counterfeiters

    MIAMI — A federal judge in Florida adopted in full a federal magistrate judge’s report and recommendation and granted the injunction requested by a designer handbag company against three online retailers, barring the companies from further sales of the allegedly counterfeited products.

  • November 25, 2024

    Contempt Finding In Dispute Over ‘JUST’ Mark For Food Affirmed By 9th Circuit

    SAN FRANCISCO — A California federal judge was correct to find a defendant food company in contempt and impose sanctions against it after it repeatedly failed to adhere to the terms of a settlement agreement in a trademark dispute involving its use of the capitalized word “JUST” in connection with multiple products, a Ninth Circuit U.S. Court of Appeals panel held.

  • November 22, 2024

    Judge Dismisses ‘Summer House’ Trademark Dispute After Parties’ Stipulation

    AUSTIN, Texas — Months after the Fifth Circuit U.S. Court of Appeals held that a Texas federal judge misapplied the summary judgment standard in a trademark dispute between two hospitality companies over the phrase “Summer House,” the judge dismissed the case, citing the parties’ stipulation of dismissal.

  • November 20, 2024

    Judge: Singer’s Estate Tried Too Late To Toss Labels’ Contract Counterclaims

    LOS ANGELES — A California federal judge denied a motion from the plaintiff estate of a late singer to dismiss a breach of contract counterclaim from defendant record labels in a dispute stemming from copyrights and trademarks associated with the singer’s work and likeness, holding that the motion was untimely brought.

  • November 19, 2024

    1st Circuit Affirms Injunction Denial In Lizzie Borden Trademark Fight

    BOSTON — A First Circuit U.S. Court of Appeals panel said a Massachusetts federal judge was correct to deny a motion for a preliminary injunction in a trademark dispute brought by a paranormal tour company that owns the location of two grisly 1800s murders against a nearby coffee shop and its owner for allegedly infringing marks associated with the murder, agreeing with the judge that the company failed to prove a likelihood of success.

  • November 18, 2024

    Judge Tosses ‘Tipsy’ Trademark Tiff For Lack Of Personal Jurisdiction

    LOS ANGELES — A federal judge in California granted a New York wine store’s motion to dismiss a California beverage store’s complaint alleging infringement of a trademark on the word “tipsy,” holding that the plaintiff company failed to show that the New York company could have foreseen any harm in California.

  • November 15, 2024

    Magistrate Suggests Limited Injunction In Trademark Row Between Grocery Companies

    COLUMBUS, Ohio — A federal magistrate judge in Ohio recommended that a discount grocery company’s petition for a preliminary injunction in a trademark infringement suit it brought against a grocery chain operator selling its products should be granted in part, holding that some, but not all, of the products bearing the plaintiff company’s trademarks should not be sold in the story while proceedings continue.

  • November 15, 2024

    Judge: No Injunction, Dismissal For False Endorsement Complaint

    ST. PAUL, Minn. — A federal judge in Minnesota denied a plaintiff online influencer’s petition for a preliminary injunction against a defendant media company’s use of his image to allegedly falsely imply an endorsement, but the judge also denied the company’s request to dismiss a punitive damages claim and strike certain allegations from the complaint.

  • November 14, 2024

    Divided 9th Circuit Affirms OpenAI Trademark Ruling

    SAN FRANCISCO — The conclusion that OpenAI Inc.’s mark acquired a secondary meaning prior to the release of its ChatGPT and DALL-E 2 and prior to being used by a different company is not “clearly erroneous,” a majority of a Ninth Circuit U.S. Court of Appeals panel said Nov. 13 in affirming an injunction for OpenAI, with the dissent writing that confusion evident in the ruling requires remand.

  • November 14, 2024

    6th Circuit: Man’s Reverse Domain-Hijacking Claims Against FedEx Fail

    CINCINNATI — A federal judge in Tennessee committed no error when dismissing a Bulgarian citizen’s trademark infringement action against Federal Express Corp. (FedEx), saying that the man failed to plead facts necessary to support his “reverse domain-name hijacking claim,” the Sixth Circuit U.S. Court of Appeals held, saying that the man’s arguments fail because one of his “gripe” websites critical of FedEx was never taken down.

  • November 14, 2024

    9th Circuit: Counterclaim In Trademark Row Filed Too Late

    SAN FRANCISCO — A California federal judge did not err when granting summary judgment in a trademark infringement dispute between two companies over their use of the marks XTREME and INFINITY in connection with audio speakers, a Ninth Circuit U.S. Court of Appeals panel held, agreeing with the judge that the concept of laches applied.

  • November 13, 2024

    Magistrate Recommends Injunction Against Alleged Louis Vuitton Counterfeiters

    MIAMI — A federal magistrate judge in Florida recommended granting a designer handbag company’s motion for a preliminary injunction against three online retailers, holding that the company adequately substantiated its claim that the online stores violated its trademarks by selling counterfeited products.

  • November 07, 2024

    For 3rd Time, Judge Rejects Injunction Request In Film Fest Trademark Row

    NEW YORK — A federal judge in New York on Nov. 6 denied a motion for reconsideration for his rejection of a preliminary injunction in a trademark dispute brought by the owner of a South Asian film festival in New York against the owner of another South Asian film festival in both Texas and New York, marking the third time that the judge has rejected a preliminary injunction in the case.