On 20th March 2019, the US Patent and Trademark Office had to decide about the conflict between the trademarks of Nike and Cheryl Bauman-Buffone. Cheryl Bauman-Buffone sought registration of her mark “JUST SAY IT” for books and downloadable e-books, both in “in the field of promoting healthy lifestyles encompassing physical, social, emotional and spiritual aspects…
A seller of parody tote bags that prevailed on trademark infringement, dilution, and copyright infringement claims brought by Louis Vuitton was not entitled to recover attorney fees. Case date: 15 March 2019 Case number: No. 18-293-cv. Court: United States Court of Appeals, Second Circuit A full summary of this case has been published on Kluwer IP…
The Third Circuit ruled that Galderma Laboratories owned the trademark to “Restoraderm” pursuant to a 2002 contract between Galderma’s predecessor in interest and the individual inventor of “Restoraderm,” reversing a lower court ruling that the inventor owned the trademark because a subsequent 2004 contract superseded the 2002 agreement. Case date: 26 February 2019 Case number: No….
Express Oil Change’s use of the phrase “Tire Engineers” in its Mississippi centers was protected commercial speech. Case date: 19 February 2019 Case number: No. 18-60144 Court: United States Court of Appeals, Fifth Circuit A full summary of this case has been published on Kluwer IP Law.
The creators of a seminar critical of Applied Underwriters Inc.’s EquityComp insurance program did not infringe or dilute Applied’s federally registered trademarks by using them in the name of their seminar or the promotional materials related to it, the U.S. Court of Appeals in San Francisco has held. In affirming a district court’s dismissal because…
The Board erred by disregarding evidence of the lender’s longtime use of its mark in the same location as a similar registered mark, without consumer confusion. Because this was evidence that confusion was unlikely, the Board’s error was not harmless. Case date: 14 January 2019 Case number: No. 2017-2620 Court: United States Court of Appeals, Federal…
The International Trade Commission (ITC) erred when it reassessed the sufficiency of Laerdal Medical Corp.’s trade dress claims against defaulting respondents after instituting an investigation of the claims, the U.S. Court of Appeals for the Federal Circuit has held. Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. §1337, unambiguously requires the…
For purposes of the Lanham Act’s fee-shifting provision, “exceptional” cases are those that stand out from others in the manner set forth for Patent Act fee awards in the Supreme Court’s holding in Octane Fitness, the U.S. Court of Appeals in New York City has held, joining several other circuit courts. The Second Circuit vacated…
The Trademark Trail and Appeal Board erred in finding that there is no likelihood of confusion between Omaha Steaks International’s over two dozen registered marks, each containing the words “Omaha Steaks,” and Greater Omaha Packing Company’s applied for GREATER OMAHA PROVIDING THE HIGHEST QUALITY BEEF mark (the Opposed Mark), the U.S. Court of Appeals for…
Plaintiff Sturgis Motorcycle Rally, Inc. (“SMRI”) did not provide the jury with sufficient proof that its unregistered marks “Sturgis,” “Sturgis Motorcycle Rally,” and “Sturgis Rally & Races” marks were valid marks that acquired secondary meaning, the United States Court of Appeals for the Eighth Circuit has ruled, reversing a district court’s judgment that a gift…
