Tag Archives: trademark

lawyer doesn’t make use in commerce by negotiating for client

Big Ligas, LLC v. Yu, 2021 WL 1518993, No. 20-23719-Civ-Scola (S.D. Fla. Apr. 16, 2021) Big Ligas is owned by three members equally: Daniel Echavarria, also known as Ovy; Christian Andres Salazar; and Paulo Londra. Ovy and Salazar are the … Continue reading

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There’s no such thing as “leasing real estate in violation of the Lanham Act”

Wakefern Food Corp. v. Marchese, 2021 WL 3783259, No. 2:20-cv-15949-WJM-MF (D.N.J. Aug. 26, 2021) Always something new in trademark! Wakefern, the largest retailer-owned supermarket coop in the US, sued Marchese for attempting “to lease commercial real estate in violation of … Continue reading

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Amazon pulls further ahead of possible competitors in TM secondary liability wars

Ohio State Univ. v. Redbubble, Inc., No. 19-3388 (6th Cir. Feb. 25, 2021) “Because Amazon’s marketplace operates as a neutral intermediary between consumers and third-party vendors, courts have typically not found it liable for trademark-infringing goods sold through its platform.” … Continue reading

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Rogers test protects name of online news publication

Punchbowl, Inc. v. AJ Press LLC, — F.Supp.3d —-, 2021 WL 3356848, No. 21-cv-03010-SVW-MAR (C.D. Cal. Jul. 16, 2021) This Rogers case about the name of an online publication involves a motion to dismiss that was converted to a motion … Continue reading

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Robinhood’s newsletter isn’t commercial advertising

Jackson v. Robinhood Markets, Inc., 2021 WL 2435307, No. 21-cv-02304-LB (N.D. Cal. Jun. 15, 2021) Jackson, known professionally as Ice Cube, sued after Robinhood used his image and a paraphrase of a line from his song “Check Yo Self” to … Continue reading

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affiliation claim true when sent out to consumers can’t be false endorsement

Klayman v. Judicial Watch, Inc., — F.4th —-, 2021 WL 3233953, No. 19-7105 (D.C. Cir. 2021) Larry Klayman founded and ran the conservative activist group Judicial Watch, but the relationship ended badly in 2003. “During the fifteen years of ensuing … Continue reading

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“Natural” trade name can mislead consumers, court holds

Early v. Henry Thayer Co., 2021 WL 3089025, No. 4:20-CV-1678 RLW (E.D. Mo. Jul. 22, 2021) Thayer markets THAYERS Natural Remedies, which are sold in drug stores, grocery stores, and other retail stores nationwide. Early sued Thayer for violations of … Continue reading

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Overreaching and delay lead to defeat of TM owner’s claims

Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc., 2021 WL 1176242, No. CIV. 11-5052-JLV (D.S.D. Mar. 29, 2021) This is part of a long-running trademark case, now over 10 years old. After a jury verdict for SMRI and … Continue reading

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Alleging sponsorship/endorsement confusion can’t defeat clear nominative fair use

Pasadena Tournament of Roses Ass’n v. City of Pasadena, 2021 WL 3553499, No. 2:21-CV-01051-AB-JEMx (C.D. Cal. Jul. 12, 2021) For over a century, PTRA has hosted the Rose Parade and Rose Bowl Game as part of its annual New Year’s … Continue reading

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Lexmark applies to false endorsement, defeats noncelebrity claim (for now)

Abrahams v. Simplify Compliance, LLC, 2021 WL 1197732, No. 19-3009 (RDM) (D.D.C. Mar. 30, 2021) From 1985 to 2003, Plaintiff Daniel Abrahams contracted with the Thompson Publishing Group (“TPG”) to author a series of publications related to the Fair Labor … Continue reading

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