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registrations owned by Entrepreneur Media, Inc. (“EMI”), the U.S. Court of Appeals in San Francisco has decided in a nonprecedential summary ruling (Smith v….