In Thumbtack v. Liaison, plaintiff sued for copyright infringement and trade dress infringement for allegedly copying its website. The Northern District of California granted in part the motion to dismiss, because many of the plaintiff’s claims were too vague to address. The court pointed to things in Thumbtack’s exhibits, like circling part of an exhibit without…
Though an office action refusing registration can be disappointing, the road doesn’t have to end there, as shown by In Re Black Card LLC, where the TTAB recently reversed the decision of an examining attorney. Black Card filed to register the trademark FOLLOW THE LEADER in several different classes, including those for credit card incentive…
Medieval Times v. Medieval Times Performers United and the American Guild of Variety Artists is a case out of the District of New Jersey. This was a labor dispute that veered into trademark law — where management tried to use its trademark rights as a sword to nip a nascent union in the bud. The…
Overhead Door Company of Kansas City v. OGD Equipment Company is a trademark infringement case that began in the Northern District of Georgia, and found itself in the Eleventh Circuit on appeal. D.H. Pace Company (“Pace”) licensed its OVERHEAD DOOR trademarks from the Overhead Door Corporation (ODC). ODC, as licensee, sued another similarly-named company, Overhead…
Amazon v. Pionera, out of the Eastern District of California, is notable not for its legal maneuvering, but rather the elaborate scam that was at the center of the dispute. The plaintiff, Amazon, alleged trademark infringement and cybersquatting against defendant Manoj Goel and his company, Pionera. The defense did not answer the allegations for most…
A client recently asked whether they should file their trademark not only in the US, but in other countries where they manufacture or sell their products. In Abitron Austria v. Hetronic, the U.S. Supreme Court provided the answer — and also served an opinion salad. The case began in the Western District of Oklahoma when…
The Western District of North Carolina’s CBD Industries, LLC v. Majik Medicine, LLC is yet another case revolving around the USPTO’s shaky guidance for cannabis products. Originally delegated to a magistrate judge who issued a Memorandum and Recommendation (M&R), the plaintiff’s motion to dismiss the defendant’s counterclaims and cancel the defendant’s trademark registration was denied…
A case in the Northern District of California was notable for the way it ended, as opposed to its otherwise straightforwardness. Leftfield Holdings v. Google was a class action started on behalf of several restaurateurs of Mexican food who accused Google of trademark infringement, counterfeiting, false association, and false advertising. This was a motion to…
UFO Magazine, Inc. v. Showtime Network, Inc. involved a plaintiff’s second attempt to convince the District of Wyoming to hold Showtime liable for infringing the trademark UFO. The work in question was UFO, Showtime’s documentary-style television series by JJ Abrams. UFO Magazine has been publishing since 1998. One of the latest ideas the magazine was…
TTAB rulings are sometimes less exciting than cases we pluck from the federal judiciary — but this one involves Prince and the mark PURPLE RAIN. NPG Records (NPG) and Paisley Park Enterprises (Paisley Park) filed an opposition to the attempt of Bang Energy Drink to register the mark PURPLE RAIN for the sports supplements and…