1. Lewis Bros. Bakeries v.
Interstate Brands Corp. (In re Interstate Bakeries Corp.), No. 11-1850, UNITED
STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, 2012 U.S. App. LEXIS 18403,
January 10, 2012, Submitted, August 30, 2012, Filed [enhanced version available to lexis.com subscribers]
OVERVIEW: Trademark
license agreement was property found to be an executory contract under 11
U.S.C.S. § 365, as a material obligation remained; the agreement provided that
the licensee's failure to maintain the quality of goods would have been a
material breach, and the debtor also maintained material obligations.
CORE TERMS: license
agreement, trademark, executory contract, license, executory, material breach,
territory, infringement, battery, integrated agreement ...
2. Cmty. Trust Bancorp, Inc. v.
Cmty. Trust Fin. Corp., No. 11-6048, UNITED STATES COURT OF APPEALS FOR THE
SIXTH CIRCUIT, 12a0282p.06;, 2012 U.S.
App. LEXIS 17853; 2012 FED App. 0282P (6th Cir.), July 26, 2012, Argued, August
23, 2012, Decided, August 23, 2012, Filed [enhanced version available to lexis.com subscribers]
OVERVIEW: District
court improperly found personal jurisdiction over three corporations in an
action by a Kentucky corporation for trademark infringement under 15 U.S.C.S. §
1114(1) of the Lanham Act because the three corporations' only activity in
Kentucky was not substantially connected with the underlying trademark
infringement claim.
CORE TERMS: personal
jurisdiction, banking, online, customers, forum state, passwords, website,
cause of action, quotation marks omitted, substantial connection ...
3. DuoProSS Meditech Corp. v.
Inviro Med. Devices, Ltd., 2012-1050, UNITED STATES COURT OF APPEALS FOR THE
FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 17009, August 14, 2012, Decided [enhanced version available to lexis.com subscribers]
OVERVIEW: Trademarks
could not be registered on the principal register if, when used on or in
connection with the goods of the applicant, the mark was merely descriptive of
them, under 15 U.S.C.S. § 1052(e)(1), and was only further described with
puffery.
CORE TERMS: snap,
descriptive, syringe, safer, registration, plunger, consumer, needle,
exclamation point, impression ...
4. Eureka Water Co. v. Nestle
Waters N. Am., Inc., No. 11-6104 and 11-6116, UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT, 2012 U.S. App. LEXIS 16149, August 3, 2012, Filed [enhanced version available to lexis.com subscribers]
OVERVIEW: Defendant
was entitled to JMOL on a contract claim because the parties' 1975 agreement as
to a trademark license unambiguously did not cover spring water, and under
Oklahoma contract law (which applied because the agreement did not come under
Okla. Stat. tit. 12A, § 2-202, of the UCC) extrinsic evidence on the contract's
meaning was inadmissible.
CORE TERMS: drinking
water, purified, spring water, distributor, concentrate, trademark, license,
supplier, territory--, extrinsic evidence ...
5. Lens.com, Inc. v. 1-800
Contacts, Inc., 2011-1258, UNITED STATES COURT OF APPEALS FOR THE FEDERAL
CIRCUIT, 686 F.3d 1376; 2012 U.S. App. LEXIS 16138; 103 U.S.P.Q.2D (BNA) 1672,
August 3, 2012, Decided [enhanced version available to lexis.com subscribers]
OVERVIEW: Decision
cancelling appellant's registration for the mark LENS due to nonuse was
affirmed because the Trademark Trial and Appeal Board applied the correct test
for determining "use in commerce" under 15 U.S.C.S. § 1127 of a mark
for software, and appellant's software was merely the conduit through which it
rendered its online retail services.
6. Purepecha Enters. v. El
Matador Spices & Dry Chiles, Case No. 11 C 2569, UNITED STATES DISTRICT
COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION, 2012 U.S. Dist.
LEXIS 120499, August 24, 2012, Decided, August 24, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: trademark,
adobo, summary judgment, chorizo, registration, genuine, cancellation, spice,
bullfighter, Lanham Act ...
7. Swatch, S.A. v. Beehive
Wholesale, L.L.C., Civil Action No.: 1:11-cv-434, UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA, ALEXANDRIA DIVISION, 2012 U.S. Dist.
LEXIS 116585, August 16, 2012, Decided, August 16, 2012, Filed [enhanced version available to lexis.com subscribers]
OVERVIEW: The
most significant factor of the consumer confusion analysis, actual confusion,
weighed decidedly against the plaintiff in a trademark infringement action
because there was a lack of similarity between the marks, lack of predatory
intent, lack of similar advertising and only minimal similarity in facilities.
CORE TERMS: watch,
trademark, similarity, famous, consumer--, advertising, infringement, dilution,
suggestive, band ...
8. Perfect Pearl Co. v. Majestic
Pearl & Stone, Inc., 10 Civ. 3998 (PAE), UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF NEW YORK, 2012 U.S. Dist. LEXIS 114606, August 14,
2012, Decided, August 14, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: majestic,
pearl, jewelry, summary judgment, trademark, consumer, Lanham Act,
registration, trademark infringement, distinctive ...
9. Coach, Inc. v. Farmers Mkt.
& Auction, Civil Action No. AW-11-01239, UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF MARYLAND, SOUTHERN DIVISION, 2012 U.S. Dist. LEXIS 110123,
August 7, 2012, Decided, August 7, 2012, Filed [enhanced version available to lexis.com subscribers]
OVERVIEW: Defendants'
motion to dismiss plaintiff's action alleging contributory trademark
counterfeiting under the Lanham Act, 15 U.S.C.S. § 1114, was denied because
plaintiff stated a facially plausible claim for contributory trademark
violations. It alleged prior raids and seizures, a notification of violations,
and the sending of company investigators.
CORE TERMS: contributory,
trademark, trade dress, infringement, vendor, dilution, false advertising,
copyright infringement, designation, investigator ...
10. Ariel Preferred Retail Group
v. CWCapital Asset Mgmt., Case No. 4:10CV623SNLJ, UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MISSOURI, EASTERN DIVISION, 2012 U.S. Dist. LEXIS
107483, August 1, 2012, Decided, August 1, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: receiver,
receivership, manager, trademark, licensing agreement, trade names, leasing,
servicer, transition, default ...
....
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