1. T. Marzetti Co. v. Roskam
Baking Co., No. 10-3784, UNITED STATES COURT OF APPEALS FOR THE SIXTH
CIRCUIT, 12a0157p.06;, 2012 U.S. App.
LEXIS 10621; 2012 FED App. 0157P (6th Cir.), November 30, 2011, Argued, May 25,
2012, Decided, May 25, 2012, Filed [enhanced version available to lexis.com subscribers]
OVERVIEW: Ohio
corporation's trademark infringement action against a Michigan corporation
under § 43(a) of the Lanham Act, 15 U.S.C.S. § 1125(a), that alleged the use of
a mark on packaged croutons infringed a protectable mark failed because the
mark was not entitled to trademark protection since it was a generic
designation when applied to croutons.
CORE TERMS: toast,
crouton, generic, trademark, brand, bread, frozen, protectable, consumer,
common-law ...
2. First Nat'l Bank v. First
Nat'l Bank S.D., Nos. 11-1568/1683, UNITED STATES COURT OF APPEALS FOR THE
EIGHTH CIRCUIT, 2012 U.S. App. LEXIS 10625, February 16, 2012, Submitted, May
25, 2012, Filed [enhanced version available to lexis.com subscribers]
OVERVIEW: It
was Fed. R. Evid. 803(3) error to admit a bank's employees' "confusion
log" in a trademark infringement case as it was double hearsay on
customers' state of mind, but it was harmless as many of those employees
testified to the confusion they witnessed and there were many instances that a
competitor's use of its name created confusion.
CORE TERMS: log,
injunction, attorney's fees, trademark, customer, affiliate, confused,
consumer, lawsuit, retail ...
3. Maker's Mark Distillery, Inc.
v. Diageo N. Am., Nos. 10-5508, 10-5586, 10-5819, UNITED STATES COURT OF
APPEALS FOR THE SIXTH CIRCUIT, 12a0126p.06;,
2012 U.S. App. LEXIS 9403; 2012 FED App. 0126P (6th Cir.), December 1, 2011,
Argued, May 9, 2012, Decided, May 9, 2012, Filed [enhanced version available to lexis.com subscribers]
OVERVIEW: Tequila
producer's use of a red dripping wax seal on its bottles infringed upon bourbon
producer's trademark for a dripping wax seal because there was a likelihood of
confusion, based in large part on the extreme strength of the mark, due to its
unique design and the bourbon producer's singular marketing efforts, and the
similarity of the marks.
CORE TERMS: bourbon,
seal, wax, whiskey, red, dripping, trademark, similarity, functionality,
distilled spirits ...
4. Belk, Inc. v. Meyer Corp., No.
10-1664, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, 2012 U.S. App.
LEXIS 9319, January 25, 2012, Argued, May 8, 2012, Decided, As Amended May 9,
2012. [enhanced version available to lexis.com subscribers]
OVERVIEW: A
retailer violated the Unfair and Deceptive Trade Practices Act, N.C. Gen. Stat.
§ 75-1.1, because it distributed, marketed, and sold a private-label high-end
cookware line that was deceptively similar to a cookware line produced by a
particular manufacturer after the retailer learned that its product design was
sold by the manufacturer.
CORE TERMS: matter
of law, unfair, infringement, trade dress, deceptive, trade practices,
trademark, postverdict, cookware, consumer ...
5. Healthone of Denver, Inc. v.
UnitedHealth Group Inc., Civil Action No. 10-cv-01633-WYD-BNB, UNITED STATES
DISTRICT COURT FOR THE DISTRICT OF COLORADO, 2012 U.S. Dist. LEXIS 74384, May
30, 2012, Decided, May 30, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: healthone,
consumer's, trademark, health care, marketing, registration, summary judgment,
similarity, advertising, marketplace ...
6. Bauer Bros. LLC v. Nike, Inc.,
CASE NO. 09cv500-WQH-BGS, UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT
OF CALIFORNIA, 2012 U.S. Dist. LEXIS 72848, May 24, 2012, Decided, May 24,
2012, Filed [enhanced version available to lexis.com subscribers], Motion granted by, in part,
Motion denied by, in part Bauer Bros. LLC v. Nike, Inc.., 2012 U.S. Dist. LEXIS
72862 (S.D. Cal., May 24, 2012) [enhanced version available to lexis.com subscribers]
CORE TERMS: trademark,
registration, commerce, apparel, summary judgment, t-shirts, declaration,
stamp, amend, trademark infringement ...
7. Moore v. Weinstein Co., LLC,
Case No. 3:09-CV-00166, UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF
TENNESSEE, NASHVILLE DIVISION, 2012 U.S. Dist. LEXIS 72929, May 23, 2012, Filed
[enhanced version available to lexis.com subscribers]
CORE TERMS: movies,
soul, soul man, declaration, trademark, soundtrack, film, summary judgment,
song, publicity ...
8. 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 70833, May 21, 2012, Decided, May
21, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: stripe,
trademark, quattro, diamond, trade dress, square, brand's, stylized, repeating,
dilution ...
9. King Ranch, Inc. v. D.R.
Horton, Inc., CIVIL ACTION H-12-797, UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF TEXAS, HOUSTON DIVISION, 2012 U.S. Dist. LEXIS 68230, May
16, 2012, Decided, May 16, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: ranch,
trademark, fair use, injunctive relief, border, designation, distinctive,
geographic, dilution, exit ...
10. Marshak v. Schaffner, 11 CIV.
1104 (DLC), UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK,
2012 U.S. Dist. LEXIS 66536, May 11, 2012, Decided, May 11, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: trademark,
recording, summary judgment, designation, abandoned, recorded, musical, common
law, user's, senior ...
....
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