SDNY: Ratermann v Pierre Fabre: Rule 8 “Alter ego”
The Trademark Blog
by Marty Schwimmer
2w ago
Furman J.: Plaintiff satisfies Rule 8 asserting that unrelated defendants acted as alter egos for each other ..read more
Visit website
SDNY: Vivi Holding v Wong: Personal Jurisdiction
The Trademark Blog
by Marty Schwimmer
2w ago
Bubble Tea – SDNY – Dismissal on 12b2 – no allegations as to transactions in the forum ..read more
Visit website
SDNY: Hard drive and server fried in some unknown fashion results in dismissal of claims for trademark infringement damages
The Trademark Blog
by Marty Schwimmer
4M ago
SDNY: The Fashion Exchange v Hybrid Promotions 14-1354 (Judge Stein). Plaintiff’s hard drive and server were “fried in some unknown fashion” so it couldn’t establish its damages (page 4). There doesn’t seem to be a lot of other evidence on other aspects of the lawsuit, either. Defendant’s summary motion as to damages granted. The decision contains a pretty extensive listing of the types of damages possible under the Lanham Act. Text of decision in The Fashion Exchange v Hybrid Promotions: the fashion exchange damages sdny ..read more
Visit website
SG advises SCOTUS to grant cert in Abitron v Hetronic (extra territorial application of Lanham Act)
The Trademark Blog
by Marty Schwimmer
4M ago
The Solicitor General has advised SCOTUS to grant cert in Abitron Austria v Hetronic (brief below). It thinks the 10th Circuit got it wrong under Steele v Bulova. It thinks this is a good vehicle for determining the geographic scope of the Lanham Act. Petitioner Abitron’s introduction in its petition (HT ScotusBlog): Petitioners—all foreign nationals—were subjected to a $90 million damages award under the Lanham Act, 15 U.S.C. § 1051 et seq., for allegedly infringing respondent’s U.S. trademarks. While trademark rights are distinctly territorial, the accused sales occurred almost entirely abro ..read more
Visit website
Ninth Circuit reverses trade dress summary judgment in favor of one Connect 4 knock-off over another
The Trademark Blog
by Marty Schwimmer
5M ago
P AND P IMPORTS LLC V. JOHNSON ENTERPRISES, LLC, No. 21-55013 (9th Cir. Aug 24 2022). Link to text of decision below. Court refers to both litigants’ backyard “4 in a row” games as “CONNECT 4 knock-offs.” Ninth Circuit reverses defendant’s summary judgment. Too much evidence suggesting defendant’s intentional copying. Also: District Court had erroneously required evidence of secondary meaning linking product to this specific plaintiff, rather than evidence merely linking the product to a single, albeit anonymous, source. Reversed and remanded. There’s no finding as to functionality of trade d ..read more
Visit website
What are the ingredients in hot fudge topping?
The Trademark Blog
by Marty Schwimmer
6M ago
Lederman v. The Hershey Company, No. 1:2021cv04528 – Document 43 (N.D. Ill. 2022) Plaintiff asserts that hot fudge topping would contain the ingredients essential to hot fudge – cream and whole milk. She asserts that the quality of fudge depends on the amount and type of fat-contributing ingredients and that those fat ingredients are typically from dairy or vegetable oils. These are the ingredients of Hershey Hot Fudge topping: This product contains skim milk and whey milk. The consistency is derived from vegetable fat. Accordingly, plaintiff alleges that the labeling of this product as hot ..read more
Visit website
How is a box of chocolates not like a box of rice pilaf?
The Trademark Blog
by Marty Schwimmer
6M ago
Jacobs v. Whole Foods Market Group, Inc., No. 1:2022cv00002 – Document 27 (N.D. Ill. 2022) Plaintiff sues, based on the disparity between the box size of rice pilaf and the amount of product. The empty space is known as “slack fill.” Defendant notes that the box clearly identifies the weight and number of servings. Plaintiff cites Benson v. Fannie May Confections Brands, Inc., 944 F.3d 639 (7th Cir. 2019) for the proposition that the presence of an accurate net weight statement does not eliminate the misbranding that occurs when a container is made, formed, or filled so as to be misleading ..read more
Visit website
Eight Circuit: BASIC v Zazzle: Single Sale into Missouri Insufficient for Specific Jurisdiction In Trademark Matter
The Trademark Blog
by Marty Schwimmer
6M ago
Brothers and Sisters in Christ v. Zazzle, Inc., No. 21-1917 (8th Cir. 2022) From Justia: Brothers and Sisters in Christ, LLC (BASIC) allege that Zazzle, Inc. sold a t-shirt that infringed on BASIC’s federal trademark. The district court granted Zazzle’s motion to dismiss for lack of personal jurisdiction. The Eighth Circuit affirmed. The court explained that BASIC bears the burden of establishing a prima facie showing of jurisdiction. Further, where the applicable federal statute, here the Lanham Act, does not authorize nationwide personal jurisdiction the existence of personal jurisdiction de ..read more
Visit website
Lululemon prevails in Ninth Circuit: No reverse confusion re use of ALIIGN/ALIGN for yoga pants
The Trademark Blog
by Marty Schwimmer
6M ago
File this next to last month’s RISE case in the Second Circuit, under “Brands with strong housemarks defeat reverse confusion claims.” But see the 11th Circuit Amazon FYRE case. Text of Align Activation v LuluLemon Athletica, 21-55775 (Ninth Cir. August 9, 2022): align lululemon ninth circuit ..read more
Visit website
2d Cir reverses injunction against Pepsi re MTN DEW RISE for energy drink
The Trademark Blog
by Marty Schwimmer
6M ago
RISE for nitro-brewed canned coffee against MTN DEW RISE for energy drink. 2d Circuit held that District Court made a significant error in holding that RISE was inherently string and had acquired strength. Text of Second Circuit decision in RiseandShine v Pepsi: riseandshine v pepsi 2d cir re RISE ..read more
Visit website

Follow The Trademark Blog on Feedspot

Continue with Google
OR