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…
The U.S. Court of Appeals in New York City has affirmed a district court’s decision that Macy’s Merchandising Group’s MAISON JULES line of women’s clothing—a private brand sold almost exclusively in Macy’s stores—did not infringe the trademark JOULES, owned by clothing retailer Joules Limited. Consumer confusion between the parties’ marks was not likely. Although 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…
The federal district court in Charlotte, North Carolina, did not err in finding thatGrayson O Company’s registered mark “F 450” for a line of hair care products was not infringed by Agadir International’s hair care products sold under the mark HAIR SHIELD 450°, the U.S. Court of Appeals in Richmond, Virginia, has held. despite the…
The federal district court in Bowling Green, Kentucky, correctly held that a horse-race gambling platform (the “System”) developed by defendant Exacta Systems and used by defendant Kentucky Downs at its horse–racing track, did not infringe the trademarks owned by several plaintiff owners of horse-racing tracks when it displayed information, including the names of the plaintiffs’…
A federal district court in Los Angeles erred in concluding that Solid 21’s registered word mark RED GOLD was invalid because the mark was a generic term for jewelry items that were made of red gold, the U.S. Court of Appeals in San Francisco has decided. The lower court erred in excluding testimony from Solid…
The Trademark Trial and Appeal Board did not err in refusing to register the mark EMPORIUM ARCADE BAR and Design, absent a disclaimer of the word “EMPORIUM,” in addition to the disclaimed term “ARCADE BAR,” the U.S. Court of Appeals for the Federal Circuit has determined. Substantial evidence supported the Board’s finding that EMPORIUM was…
The federal district court in San Diego did not err in ruling on summary judgment that Seal Shield LLC failed to establish that its predecessor had used the mark LIFE PROOF in commerce in connection with electronic device covers before Otter Products’ subsidiary TreeFrog Developments applied to register LIFEPROOF, the U.S. Court of Appeals in…
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…
