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…
A federal district court did not err in awarding a preliminary injunction to Kourtney, Kim, and Khloe Kardashian and their companies—2Die4Kourt, Kimsaprincess Inc., and Khlomoney Inc.—that barred Hillair Capital Management and four related individuals and entities from using the Kardashians’ trademarks, the U.S. Court of Appeals in San Francisco has ruled. The preliminary injunction was…
Kim, Kourtney, and Khloe Kardashian could not force the arbitration of trademark infringement claims that Kroma Makeup EU had brought against them, the U.S. Court of Appeals in Atlanta has ruled. The court found that Florida’s doctrine of equitable estoppel allowed a non-signatory to an agreement—in this case, a licensing agreement between Kroma EU and…
A federal district court properly found that plaintiff Three Rivers Confections (TRC) owned the word marks FUDGETOPIA and FUDGIE WUDGIE through a lawful transfer by non-party Fudgie Wudgie L.P. (FWLP), the U.S. Court of Appeals in Philadelphia has ruled. The district court’s summary judgment ruling in favor of Three Rivers Confections was therefore affirmed (Three…
The federal district court in Sacramento properly determined that an individual (Scott R. Smith) lacked standing to challenge two Trademark Trial and Appeal Board decisions dismissing Smith’s petitions to cancel trademark registrations owned by Entrepreneur Media, Inc. (“EMI”), the U.S. Court of Appeals in San Francisco has decided in a nonprecedential summary ruling (Smith v….
Slep-Tone Entertainment Corp. and its successor in interest, Phoenix Entertainment Partners LLC (collectively, “Slep-Tone”), failed to plausibly allege consumer confusion in its trademark infringement and unfair competition claims against an Illinois pub and its owner, who allegedly made unauthorized copies of Slep-Tone’s karaoke files and passed them off as genuine Slep-Tone tracks, the U.S. Court…
