A federal district court’s award of attorney fees under the Lanham Act and Utah’s Truth in Advertising Act (UTIAA) to a defendant following the parties’ stipulation of dismissal has been vacated and the case remanded by the U.S. Court of Appeals in Denver. The defendant was not a prevailing party entitled to attorney fees under…

Substantial evidence supported the Trademark Trial and Appeal Board’s finding that the mark “AQUAPEL” and design for leather and imitation leather hides, furniture covers, and various home goods was confusingly similar to the mark “AQUAPEL,” registered in standard characters, for different types of home goods, the U.S. Court of Appeals for the Federal Circuit has…

The federal district court in Los Angeles did not err in dismissing trademark infringement, dilution, and related claims brought by Ketab Corporation—a telephone directory and marketing services to the Iranian community in the Los Angeles area—against a competing directory service provider, an Iranian television channel, a law firm, and others involved in providing services to…

The federal district court in Tampa properly determined that a karaoke disc jockey’s use of unauthorized copies of karaoke tracks displaying Phoenix Entertainment Partners’ SOUND CHOICE mark did not constitute trademark infringement or unfair competition under the Lanham Act, the U.S. Court of Appeals in Atlanta has ruled in an unpublished decision. Adopting the reasoning…

When Thomas McClary, a former member of the rhythm and blues, funk, and soul music band, The Commodores, left the band in 1984, he left behind any common-law rights he had in the band’s trademarks, according to the U.S. Court of Appeals in Atlanta. Those rights were retained by a corporation formed by two of…

The federal district court in Grand Rapids, Michigan, did not err in determining that Viacom’s BUBBLE GUPPIES animated children’s television show on the Nickelodeon Network and related merchandise did not infringe registered trademarks for GUPPIE owned and used by a Michigan couple in connection with children’s clothing, the U.S. Court of Appeals in Cincinnati has…

In San Diego Comic Convention’s trademark infringement case against the operator of a Utah comic book convention involving the trademark COMIC-CON, two orders entered by the federal district court in San Diego— a suppression order prohibiting the Utah operator for commenting on the pending litigation over the Internet and on social media platforms and a…

The federal district court in Salt Lake City did not err in terminating Leland Sycamore’s rights under a trademark license agreement (TLA) that granted him the right to use the “Grandma Sycamore’s Home Maid Bread” and “Grandma Sycamore’s Home Maid Bread Design” trademarks (the Sycamore marks), or in the scope of a permanent injunction it…

The Trademark Trial and Appeal Board did not err in refusing to register the trademark FIRST TUESDAY for lottery games and services, the U.S. Court of Appeals for the Federal Circuit has ruled. According to the court, the mark described a feature of the applicant’s goods and services: scratch-off lottery tickets that the applicant (the…

Lanham Act claims for false advertising and trademark infringement brought by Sausage company Parks, asserting its PARKS mark for sausage against Tyson Foods and Hillshire Brands Company (collectively, Tyson), were without merit, the U.S. Court of Appeals in Philadelphia has decided, affirming a ruling by a federal district court. Parks did not state a valid…