TubcuT Manufacturer Claims Trademark Infringement

Access Designs, Inc., a company that manufactures TubcuT®, a product that alters regular bathtubs to convert them into walk-in showers, has filed a trademark-infringement suit against The BathWorks Company in federal district court in Charlottesville, Virginia. According to the allegations...

Pernod Ricard USA LLC v. Bacardi U.S.A., Inc.: More on the the HAVANA CLUB saga

Issued April 6, 2010, this opinion is the latest installment of the HAVANA CLUB saga. Here, Pernod Ricard USA brought a false advertising claim against Bacardi U.S.A., alleging that Bacardi's use of the HAVANA CLUB trademark on its rum bottle deceives consumers into believing that Bacardi's...

Association with Sex-Related Goods Creates Inference of Dilution by Tarnishment

In a fractured disposition, the Sixth Circuit affirmed a grant of summary judgment for Victoria's Secret in V Secret Catalogue, Inc. v. Moseley , 605 F.3d 382 (6th Cir. Ky. 2010) . The court ruled that defendants' use of VICTOR'S LITTLE SECRET for a store selling sex-related products tarnished...

States entitled to sovereign immunity on Lanham Act claims for trademark infringement and false designation of origin - Univ. of Wis. v. Phoenix Int'l Software (7th Cir., Dec. 28, 2010)

Recently, the Seventh Circuit answered the following question in the negative: Is the Trademark Remedy Clarification Act (TRCA) a valid exercise of Congress's Fourteenth Amendment power to regulate state behavior? In Bd. of Regents of the Univ. of Wis. Sys. v. Phoenix Int'l Software, Inc. ...