Tag Archives: trademark

That’s swell: court rules that NY doesn’t impose “use in commerce” limit on unfair competition

Posted on January 16, 2018 by rtushnet

Can’t Live Without It, LLC v. ETS Express, Inc., — F.Supp.3d —-, 2018 WL 401778, No. 17-cv-3506 (S.D.N.Y. Jan. 15, 2018) Plaintiff S’well sued ETS for trademark infringement and related claims based on its sales of the Force and Swig … Continue reading →

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Beyond Belmora: foreign TM owner proceeds under Lanham Act and Inter-American Convention

Posted on January 16, 2018 by rtushnet

S.A.S. v. Latinfood U.S. Corp., Civ. No. 16-6576, — F.Supp.3d —-, 2017 WL 6940696 (D.N.J. Dec. 29, 2017) Industria, a Colombian food corporation and Colombian owner of the Zenú and Ranchera marks, sued Latinfood, for reasons you can guess when … Continue reading →

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Finding of willful infringement still doesn’t merit injunction under Herb Reed

Posted on January 8, 2018 by rtushnet

A.C.T. Prods., Inc. v. W.S. Indus., Inc., No. 16-0476, 2017 WL 4708152 (C.D. Cal. Jul. 14, 2017) Herb Reed strikes again.  The jury found that defendant had engaged in willful trademark infringement and false advertising, but also that the four-year … Continue reading →

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section 2 refusals are subject to Reed strict scrutiny, Fed. Cir. rules

Posted on December 21, 2017 by rtushnet

In re Brunetti, No. 2015-1109  (Fed. Cir. Dec. 15, 2017) Brunetti wanted to register FUCT; the TTAB affirmed a refusal to register on scandalousness grounds.  The Federal Circuit here deals the inevitable deathblow to scandalousness as a registration bar, but … Continue reading →

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I’m a judge, not a media theorist, Jim: NFU doesn’t protect use of Dr. Seuss font in mashup case

Posted on December 12, 2017 by rtushnet

Dr. Seuss Enterprises, L.P. v. ComicMix LLC, No. 16-CV-2779 (C.D. Cal. Dec. 7, 2017) Though the court dismissed the first trademark/copyright infringement complaint against this Star Trek/Dr. Seuss mashup, the amended complaint survives. Copyright: It’s still transformative, but the complaint … Continue reading →

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Sazerac will pay fees for its buffalo stance

Posted on December 11, 2017 by rtushnet

Sazerac Company, Inc. v. Fetzer Vineyards, Inc., 2017 WL 6059271, No. 15-cv-04618 (N.D. Cal. Dec. 7, 2017) The court here awards defendants its fees for proceeding past summary judgment in this trademark infringement case. “This was an exceptionally weak case,” … Continue reading →

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Court says shoo to Scat’s infringement claim against Dodge

Posted on December 8, 2017 by rtushnet

Scat Enterprises, Inc. v. FCA US LLC, 2017 WL 5896182, No. CV 14-7995 (C.D. Cal. Jun. 8, 2017) Scat, a maker of aftermarket car parts, sued over FCA’s use of “Scat Pack” in connection with its Dodge Challenger and Dodge … Continue reading →

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Competitor can’t challenge compliance w/certification standards

Posted on November 6, 2017 by rtushnet

Board-Tech Electronic Co. v. Eaton Electric Holdings LCC, 2017 WL 4990659, No. 17-cv-5028 (S.D.N.Y. Oct. 31, 2017) Board-Tech accused its competitor in the light switch market, Eaton, of false advertising because, while Eaton was authorized to apply the “UL” certification … Continue reading →

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Consumers can’t recover for GM’s self-tarnishment

Posted on October 31, 2017 by rtushnet

In re General Motors LLC Ignition Switch Litigation, — F.Supp.3d —- 2017 WL 2839154, No. 14–MD–2543 (S.D.N.Y. Jun. 30, 2017) This multidistrict litigation arose from the 2014 recall by General Motors LLC (New GM) of General Motors (GM) vehicles that … Continue reading →

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Initial decision in FTC 1-800 case finding that anti-keyword agreements violated antitrust law

Posted on October 31, 2017 by rtushnet

Agreed-on limits on advertising, like agreed-on limits on other inputs, risk being a per se violation of the antitrust laws.  Here, a blanket ban, including a negative keyword requirement (so that someone bidding on “contacts” wouldn’t get ads run against … Continue reading →

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