1. Rearden LLC v. Rearden
Commerce, Inc., No. 10-16665, UNITED STATES COURT OF APPEALS FOR THE NINTH
CIRCUIT, 2012 U.S. App. LEXIS 13152, December 8, 2011, Argued and Submitted,
San Francisco, California, June 27, 2012, Filed [enhanced version
available to lexis.com subscribers]
OVERVIEW: In
a Lanham Act trademark infringement action, several Sleekcraft factors could
weigh against plaintiffs. There were, nevertheless, genuine issues of material
fact as to some factors as well as the overall Sleekcraft inquiry and a jury
could give great weight to the "strength of the mark" and
"similarity of the marks" factors when viewed together.
CORE TERMS: commerce,
domain, trademark, consumer, summary judgment, studio, non-consumer, com,
genuine, issues of material fact ...
2. Pensacola Motor Sales v. E.
Shore Toyota, No. 10-15761, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH
CIRCUIT, 2012 U.S. App. LEXIS 12726, June 21, 2012, Decided, June 21, 2012,
Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: domain,
microsite, trademark, anticybersquatting, bad faith, infringing, website,
lawful, com, matter of law ...
3. Papa Ads, LLC v. Gatehouse
Media, Inc., No. 11-3306, UNITED STATES COURT OF APPEALS FOR THE SIXTH
CIRCUIT, 12a0610n.06;, 2012 U.S. App. LEXIS
12136; 2012 FED App. 0610N (6th Cir.), June 13, 2012, Filed [enhanced version
available to lexis.com subscribers]
OVERVIEW: Even
assuming that defendants intentionally copied plaintiff's mark, defendants had
presented a "logical reason" sufficient to rebut the presumption in
that the name was intended to describe the location and activity of the
website's services; therefore, plaintiff's mark had not acquired secondary
meaning and was not entitled to protection.
CORE TERMS: secondary
meaning, website's, com, trademark, Lanham Act, descriptive, summary judgment,
distinctive, protectable, deceptive ...
4. Univ. of Ala. Bd. of Trs. v.
New Life Art, Inc., No. 09-16412, No. 10-10092, UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT, 2012 U.S. App. LEXIS 11794, June 11, 2012, Decided,
June 11, 2012, Filed [enhanced version
available to lexis.com subscribers]
OVERVIEW: Defendant
artist's First Amendment artistic expression interests clearly outweighed
whatever consumer confusion that might exist so there was no violation of 15
U.S.C.S. § 1125(a) of the Lanham Act with respect to paintings, prints, and
calendars which included depictions of famous football scenes including
plaintiff university's football uniforms.
CORE TERMS: painting,
print, calendar, trademark, mugs, licensing agreements, licensed, mundane,
permission, Lanham Act ...
5. Ubiquiti Networks, Inc. v.
Kozumi USA Corp., No. C 12-2582 CW, UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF CALIFORNIA, 2012 U.S. Dist. LEXIS 85665, June 20, 2012,
Decided, June 20, 2012, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: trademark,
distributor, counterfeit, network, logo, email, Lanham Act, selling, commerce,
extraterritorial ...
6. Amerigas Propane, L.P. v.
Opinion Corp., CIVIL ACTION NO. 12-713, UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF PENNSYLVANIA, 2012 U.S. Dist. LEXIS 84679, June 19, 2012,
Decided, June 19, 2012, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: website,
amerigas, trademark, advertisements, pissedconsumer, consumer, competitor,
infringement, advertising, internet ...
7. 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 84232, June 18, 2012, Decided, June
18, 2012, Filed [enhanced version
available to lexis.com subscribers]
OVERVIEW: In
this trademark infringement action brought pursuant to 15 U.S.C.S. §§ 1114 and
1125, plaintiff succeeded on its infringement and false designation of origin
claims because there was a likelihood of confusion between plaintiff's Diamond
Motif Trade Dress and defendant's Quattro G Pattern, when it was rendered in
brown/beige colorways.
CORE TERMS: stripe,
trademark, quattro, diamond, trade dress, square, brand's, stylized, shoe,
repeating ...
8. Signeo USA, LLC v. SOL
Republic, Inc., Case No.: 5:11-cv-06370-PSG, UNITED STATES DISTRICT COURT FOR
THE NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION, 2012 U.S. Dist. LEXIS
79356, June 6, 2012, Decided, June 6, 2012, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: soul,
headphone, trademark, consumer, preliminary injunction, brand, registration,
marketing, infringement ...
9. East West, LLC v. Rahman, 1:11cv1380 (JCC/TCB), UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA, ALEXANDRIA DIVISION, 2012 U.S. Dist. LEXIS 78205, June 5, 2012, Decided, June 5, 2012, Filed [enhanced version available to lexis.com subscribers]
OVERVIEW: Buyer of trademark was precluded from claiming false advertising by sellers under Virginia Consumer Protection Act based on sellers' use of trademark, since limitations period for asserting claims after sellers began using mark expired, and sellers' new products within limitations period were not shown to edge closer to buyer in product similarity.
CORE TERMS: trademark, unjust enrichment, conversion, limitations period, statute of limitations, trade name, customer, contract claim, tortious interference, trade secrets ...
10. 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 78491, June 5, 2012,
Decided, June 5, 2012, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: sensocon,
lens, trademark, gauge, infringement, pressure gauges, website, registered,
summary judgment, trademark infringement ...
....
Sign in with your Lexis.com ID to access Trademark Law resources on Lexis.com or any of these
Mathew Bender Trademark Law publications:
Click here to order Trademark Law
treatises/resources and Mathew Bender publications.
LexisNexis Publications:
View the LexisNexis
Catalog of Legal and Professional Publications
LexisNexis eBooks
Click
here for a list of available LexisNexis eBooks.
Click here to learn more about
LexisNexis eBooks.
For more information about LexisNexis products and solutions connect with us through our corporate site.