Emerald Cities Collaborative, Inc. (ECC) was unable to show that the Trademark Trial and Appeal Board’s cancellation of its trademark registration of THE EMERALD CITY and dismissing its opposition to an application filed by Sheri Jean Roese (“Roese”) was an error, according to the U.S. Court of Appeals for the Federal Circuit. The Board did…
An injunction preventing China-based Sun Earth Solar Power Co. and its U.S. affiliate NBSolar, Inc. (collectively, “SESP”) from using the trademark “Sun-Earth,” while permitting SESP to state within the United States the fact of their affiliation with the Sun-Earth name and mark that they used outside of the United States, and to allow SESP to…
The Trademark Trial and Appeal Board properly affirmed a trademark examining attorney’s refusal to register two proposed marks consisting of prominent wording—”SHIMMERING BALLERINAS & DANCERS CHARACTER COLLECTION” and “SHIMMERING RAINFOREST CHARACTER COLLECTION,” respectively—adjacent to three columns of hundreds of terms that appeared to be story titles or character names, the U.S. Court of Appeals for…
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…
In a trademark infringement suit between two packing companies over rights in the name “PAKSTER,” the federal district court in Waterloo, Iowa, lacked jurisdiction to cancel two federal trademark registrations fraudulently obtained by defendant PI, Inc., because its rival, East Iowa Plastics, Inc., (“EIP”) failed to established that it suffered any damages as a result…
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registrations owned by Entrepreneur Media, Inc. (“EMI”), the U.S. Court of Appeals in San Francisco has decided in a nonprecedential summary ruling (Smith v….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…
In a trademark infringement action brought by manufacturers and sellers of “SunEarth”-branded solar thermal collectors and related components against a China-based manufacturer of photovoltaic cells for large-scale utility companies, Sun Earth Solar Power Co., Ltd., and its U.S. affiliate, NBSolar USA, Inc. (collectively, “SESP”), a federal district court did not abuse its discretion by granting…
Without proof that Hoop Culture would be irreparably injured in the absence of its requested preliminary injunction enjoining clothing retailer Gap from infringing Hoop Culture’s “EAT…SLEEP…BALL.®” trademark, Hoop Culture was not entitled to its requested relief, the U.S. Court of Appeals in Atlanta has decided (Hoop Culture, Inc. v. Gap Inc., April 28, 2016, per…
Prevailing defendants in a trademark dispute over the mark MEMORY LANE were not entitled to an award of attorney fees incurred in their successful defense, the U.S. Court of Appeals in San Francisco has held. A district court properly concluded that the case was not “exceptional” for purposes of the Lanham Act’s fee-shifting provision (Memory…
