Single display of trademark on race car and jumpsuit did not establish intent to use the mark for the registered product. In a non-precedential decision, the U.S. Court of Appeals for the Federal Circuit has affirmed a decision of the Trademark Trial and Appeal Board (TTAB) that the mark FUSION had been abandoned by Brazil-based…

The German manufacturer’s participation in tradeshows in Colorado was “by chance” and did not indicate “purposeful availment” of the forum state, and its efforts to enforce its asserted trade dress occurred outside Colorado. A German company that manufactured ceramic components of medical prostheses was not subject to personal jurisdiction in Colorado, with regard to a…

The panel remanded an award of attorney fees and prejudgment interest based on its new precedent on what makes for an “exceptional” case for purposes of Section 35 of the Lanham Act. The U.S. Circuit Court in New York City has upheld a lower court determination that retailer New York & Company’s infringement of women’s…

Mall operators had actual or constructive knowledge of tenants’ infringement, including prior law enforcement raids and eyewear maker Luxottica’s notifications of trademark infringement. A jury properly found that owners and landlords of the International Discount Mall in College Park, Georgia, had at least constructive knowledge that subtenants were infringing Luxottica Group’s Ray-Ban and Oakley marks…

A licensor’s failure to disclose in discovery an agreement acknowledging that a third party owned the mark was properly sanctioned. Two beach merchandise retailers asserting rights to use the mark “WINGS” in connection with their stores will have to go to trial to sort out their competing rights, the U.S. Court of Appeals in Richmond…

The USPTO properly refused to register ARTISAN NY for clothing because, like the registered mark ARTESANO NEW YORK CITY, the proposed mark conveyed the impression of clothing made by skilled tradespersons in New York. Substantial evidence supported the USPTO’s refusal to register the mark ARTISAN NY, for clothing, on likelihood of confusion grounds, the U.S….

Sufficient evidence at trial supported finding that trade dress of iconic French press coffeemaker was nonfunctional; verdict against rival upheld. Bodum USA, Inc. (Bodum), which produces and sells what is recognized as an iconically designed houseware product, the Chambord French press coffeemaker, met its burden of proving at trial that the elements of the claimed…

District court correctly held that trademark owner failed to raise genuine factual issue as to secondary meaning of the asserted mark. A federal district court correctly found that a non-profit corporation that promotes and helps run the annual Fiestas de le Calle San Sebastian festival in San Juan, Puerto Rico lacked evidence to sustain its…

The mark owner had sent a cease-and-desist letter to the defendant—a competing seller of equipment to the cosmetics industry—more than four years before filing suit, establishing that it knew of the infringement at that time. Although cosmetics equipment company A.C.T. 898 Products, Inc. (“ACT”) convinced a jury that competitor W.S. Industries, Inc. (“WSI”) willfully infringed…

District court properly “looked through” an arbitration agreement between two groups competing over rights to the name to determine that it had subject matter jurisdiction under federal trademark law to adjudicate the dispute. A federal district court did not err in confirming an arbitration award pursuant to the Federal Arbitration Act (FAA), 9 U.S.C. §9,…