1. Coach Servs. v. Triumph
Learning LLC, 2011-1129, UNITED STATES COURT OF APPEALS FOR THE FEDERAL
CIRCUIT, 2012 U.S. App. LEXIS 3385, February 21, 2012, Decided [enhanced version available to lexis.com subscribers]
OVERVIEW: Opposition
to trademark registration under 15 U.S.C.S. § 1052(d) was properly dismissed
because the opponent failed to show likelihood of confusion in light of the
vast differences in the parties' respective goods, the channels of trade
through which those goods were sold, and the vastly different commercial
impressions made by the marks.
CORE TERMS: coach,
fame, dilution, famous, annual reports, registration, notice, trademark,
advertising, similarity ...
2. Nat'l Bus. Forms &
Printing, Inc. v. Ford Motor Co., No. 10-20023, UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT, 2012 U.S. App. LEXIS 3059, February 16, 2012, Filed [enhanced version available to lexis.com subscribers]
OVERVIEW: Context
in which defendant's trademarks appeared in materials sold to three used car
dealers showed no likely threat of consumer confusion, plaintiff's work for the
mark owners' dealerships was in the scope of the dealerships' licenses, and
plaintiff did not "use" the marks merely by reproducing them for
customers, so the dilution claim failed.
CORE TERMS: logo,
dealers, trademark, dilution, advertising, trademark infringement, printed,
oval, authorized dealers, used car ...
3. Peoples Fed. Sav. Bank v.
People's United Bank, No. 10-2053, UNITED STATES COURT OF APPEALS FOR THE FIRST
CIRCUIT, 2012 U.S. App. LEXIS 2655, February 10, 2012, Decided, As Amended February 10, 2012. [enhanced version available to lexis.com subscribers]
OVERVIEW: In
trademark infringement suit under 15 U.S.C.S. § 1125(a), bank's Massachusetts
trademark registrations were not entitled to presumptive weight pursuant to
Mass. Gen. Laws ch. 110H, § 5(b) because, in light of earlier registration by
another bank, state registration was not presumptively valid and, thus, bank's
mark was not inherently distinctive.
CORE TERMS: trademark,
consumer, banking, preliminary injunction, registration, customer, weighed,
descriptive, logo, likelihood of success ...
4. Secalt S.A. v. Wuxi Shenxi
Constr. Mach. Co., No. 10-17007, No. 11-15066, UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT, 2012 U.S. App. LEXIS 2391, November 17, 2011, Argued and
Submitted, San Francisco, California, February 7, 2012, Filed [enhanced version available to lexis.com subscribers]
OVERVIEW: Manufacturers
failed to establish that design features of a traction hoist constituted
protected trade dress because they did not show that the features were
nonfunctional, as required under 15 U.S.C.S. § 1125(a)(3); there was no
evidence that anything about the hoist's appearance existed for a nonfunctional
purpose.
CORE TERMS: hoist,
patent, trade dress, functional, functionality, nonfunctionality, attorney's
fees, appearance, Lanham Act, utilitarian ...
5. Suzuki Motor Corp. v. Jiujiang
Hison Motor Boat Mfg. Co., CASE NO.: 1:12-cv-20626-SEITZ/SIMONTON, UNITED
STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, 2012 U.S. Dist.
LEXIS 20366, February 17, 2012, Decided, February 17, 2012, Entered on Docket [enhanced version available to lexis.com subscribers]
CORE TERMS: suzuki,
trademark, temporary, engine, boat, restraining order, advertise, infringing,
watercraft, similarity ...
6. Gucci Am., Inc. v. Guess?,
Inc., 09 Civ. 4373 (SAS), UNITED STATES DISTRICT COURT FOR THE SOUTHERN
DISTRICT OF NEW YORK, 2012 U.S. Dist. LEXIS 18497, February 14, 2012, Decided,
February 14, 2012, Filed, Clarified by Gucci Am., Inc. v. Guess?, Inc., 2012
U.S. Dist. LEXIS 21598 (S.D.N.Y., Feb. 21, 2012) [enhanced version available to lexis.com subscribers]
CORE TERMS: summary
judgment, post-sale, dilution, infringing, trademark, genuine, bad faith,
accounting, infringement, intent to deceive ...
7. Fraserside IP L.L.C. v.
Faragalla, No. C11-3032-MWB, UNITED STATES DISTRICT COURT FOR THE NORTHERN
DISTRICT OF IOWA, CENTRAL DIVISION, 2012 U.S. Dist. LEXIS 17528, February 13,
2012, Decided, February 13, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: com,
pornvisit, registration, trademark, default, default judgment, www, pornvideos,
http, copyright infringement ...
8. City of Carlsbad v. Shah,
Civil No. 08cv1211 AJB (WMc), UNITED STATES DISTRICT COURT FOR THE SOUTHERN
DISTRICT OF CALIFORNIA, 2012 U.S. Dist. LEXIS 16035, February 9, 2012, Decided,
February 9, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: www,
logo, golf, domain, trademark, golf course, carlsbad, infringement,
registration, mobi ...
9. SunEarth, Inc. v. Sun Earth
Solar Power Co., No. C 11-4991 CW, UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF CALIFORNIA, 2012 U.S. Dist. LEXIS 13506, February 3, 2012,
Decided, February 3, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: trademark,
solar, sun-earth, trade name, photovoltaic, preliminary injunction, nbsolar,
registered, collector, purchaser ...
10. Herb Reed Enters. v. Monroe Powell's Platters, LLC, 2:11-CV-02010-PMP-RJJ, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA, 2012 U.S. Dist. LEXIS 12453, February 1, 2012, Decided, February 1, 2012, Filed [enhanced version available to lexis.com subscribers]
OVERVIEW: In action for trademark infringement and unfair competition, 15 U.S.C.S. § 1125(a), plaintiff was entitled to preliminary injunction enjoining defendants from use of the mark "The Platters" because plaintiff established likelihood of success on claim that he owned rights to mark, that defendants' mark was confusingly similar, and irreparable harm.
CORE TERMS: trademark infringement, preliminary injunction, likelihood of success, featuring, escape clause, confusingly, trademark, irreparable harm, weigh, superior rights ...
....
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