1. Vuitton v. Ly United States,
Docket Nos. 08-4483-cv, 08-4525-cv, 08-4528-cv, 08-5108-cv, 0875273-cv,
08-5290-cv, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, 2012 U.S.
App. LEXIS 6391, May 27, 2011, Argued, March 29, 2012, Decided [enhanced version available to lexis.com subscribers]
CORE TERMS: attorney's
fees, statutory damages, trademark, counterfeit, counterfeiting, criminal
proceeding, infringement, discovery, civil proceedings, actual damages ...
2. Bridgestone Ams. Tire
Operations, LLC v. Fed. Corp., 2010-1376, UNITED STATES COURT OF APPEALS FOR
THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 5895, March 16, 2012, Decided, As Corrected March 19, 2012. [enhanced version available to lexis.com subscribers]
OVERVIEW: Decision
dismissing opposition to registration of a mark for use with tires was
reversed, as sufficient similarity was shown as would be likely to cause
consumer confusion, deception, or mistake in light of identity of the goods,
the lengthy prior use of appellant's marks, their market strength, and the
similarity of words, sounds, and connotation.
CORE TERMS: tire,
registration, consumer, trademark, newcomer, advertising, registered,
similarity, opposer's, famous ...
3. Skydive Ariz., Inc. v.
Quattrocchi, No. 10-16099, No. 10-16196, UNITED STATES COURT OF APPEALS FOR THE
NINTH CIRCUIT, 2012 U.S. App. LEXIS 5100, January 11, 2012, Argued and
Submitted, San Francisco, California, March 12, 2012, Filed [enhanced version available to lexis.com subscribers]
OVERVIEW: Plaintiff
was properly granted summary judgment on its false advertising claims, under 15
U.S.C.S. § 1125(a). Court did not abuse its discretion in upholding jury's
award of actual damages, under 15 U.S.C.S. § 1117(a), because jury's
calculation was based upon reasonable inferences and represented a fair
assessment of damages suffered by plaintiff.
CORE TERMS: skydive,
actual damages, damages award, false advertising, skydiving, goodwill, Lanham
Act, trademark infringement, injunction, advertising ...
4. Ray Communs., Inc. v. Clear
Channel Communs., Inc., No. 11-1050, UNITED STATES COURT OF APPEALS FOR THE
FOURTH CIRCUIT, 2012 U.S. App. LEXIS 4862, December 7, 2011, Argued, March 8,
2012, Decided [enhanced version available to lexis.com subscribers]
OVERVIEW: District
court erred in finding that laches barred plaintiff's trademark infringement
and unfair competition claims under 15 U.S.C.S. §§ 1114 and 1125; it was
necessary to properly determine when a likelihood of confusion arose in order
to determine when plaintiff knew of an infringing use, and there was an
insufficient showing of prejudice.
CORE TERMS: laches,
trademark, summary judgment, affirmative defense, infringing, trademark
infringement, infringement, matter of law, injunctive relief, affiliate ...
5. In re Viterra Inc., 2011-1354,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS
4655; 101 U.S.P.Q.2D (BNA) 1905, March 6, 2012, Decided [enhanced version available to lexis.com subscribers]
OVERVIEW: Although
the marks involved were not identical, any minor differences were insufficient
to outweigh the remaining DuPont factors that favored refusal of the
registration in this case under § 2(d) (15 U.S.C.S. § 1052(d)) of the Lanham
Act. Court upheld decision that mark was likely to cause confusion with
previously-registered word and design mark.
CORE TERMS: similarity,
reasonable manners, registrant's, seed, registration, purchaser's, literal,
color, ex parte, registered ...
6. Lorillard Tobacco Co. v.
Ahmad's Pizza, CASE NO. 5:10 CV 01893, UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OHIO, EASTERN DIVISION, 2012 U.S. Dist. LEXIS 44730, March
30, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: trademark,
cigarette, counterfeit, pack, dilution, designation, genuine issue of material
fact, summary judgment, injunction, famous ...
7. Pusser's Ltd. v. Hmx, No. 11 C
4659, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS,
EASTERN DIVISION, 2012 U.S. Dist. LEXIS 43199, March 28, 2012, Decided, March
28, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: trademark,
pusser, cancellation, encumbrance, subject matter, registration, notice,
purchaser, pre-sale, abandonment ...
8. SchÜltz Container Sys. v.
Mauser Corp., CIVIL ACTION NO. 1:09-CV-3609-RWS, UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA, ATLANTA DIVISION, 2012 U.S. Dist. LEXIS
44012, March 28, 2012, Decided, March 28, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: trademark,
cross-bottled, summary judgment, false advertising, bottle, customer, unjust
enrichment, cage, consumer, container ...
9. Dwyer Instruments, Inc. v.
Sensocon, Inc., CAUSE NO.: 3:09-CV-10-TLS, UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF INDIANA, 2012 U.S. Dist. LEXIS 40036, March 23, 2012,
Decided, March 23, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: gauge,
lens, pressure gauge, trademark, consumer, customer, differential, summary
judgment, trade dress, registration ...
10. Kelly-Brown v. Winfrey, 11
Civ. 7875 (PAC), UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW
YORK, 2012 U.S. Dist. LEXIS 29695, March 6, 2012, Decided, March 6, 2012, Filed
[enhanced version available to lexis.com subscribers]
CORE TERMS: trademark,
magazine, trademark infringement, descriptive, partnership, Lanham Act, fair use,
oprah, counterfeiting, contributory ...
....
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