The summary judgment finding by the district court which rejected an air mattress company’s theory of initial-interest confusion and the accompanying jury instruction that a likelihood of confusion must exist at the time of purchase to support a trademark infringement claim was erroneous. In a suit by bedding manufacturer Select Comfort against a competitor for…

Refusal of THE JOINT trademark application was affirmed on the grounds that the mark was merely descriptive of the applicant’s hospitality business services and acquired distinctiveness was not demonstrated. A hospitality services’ applications to register the mark “THE JOINT” for two different classes of services were properly refused because the mark was merely descriptive of…

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…