A party that was voluntarily dismissed from an ordinary trademark infringement case was not the “prevailing” party and was not entitled to attorney fees under the Lanham Act or Florida law. The U.S. Court of Appeals in Atlanta has affirmed a Florida district court’s decision that a defunct bus service company that had been voluntarily dismissed from…
Lengthy use by the Unified Buddhist Church of Vietnam of its unregistered marks was not enough, by itself, to raise a triable issue as to the marks’ protectability. A church that calls itself the Unified Buddhist Church of Vietnam (the “Unified Church”) failed to show that its asserted trademarks had acquired secondary meaning and therefore…
Seller’s appeal of district court’s judgment against it was frivolous because its arguments had virtually no likelihood of success, and the appeal seemingly was pursued for purposes of delay. In a trademark infringement suit between the maker of the dietary supplement Prevagen against an Internet seller for the unauthorized and unlawful sale of Prevagen products,…
