1. Innovation Ventures, LLC v.
N.V.E., Inc., Nos. 10-2353/2355, UNITED STATES COURT OF APPEALS FOR THE SIXTH
CIRCUIT, 12a0329p.06;, 2012 U.S. App.
LEXIS 19208; 2012 FED App. 0329P (6th Cir.), April 18, 2012, Argued, September
13, 2012, Decided, September 13, 2012, Filed [enhanced version
available to lexis.com subscribers]
OVERVIEW: A
mark for an energy drink was suggestive rather than merely descriptive and thus
protectable. Because the factors for deciding the likelihood of confusion were
so evenly balanced, precedent counseled against granting summary judgment in
favor of defendant on plaintiff's trademark infringement claim under the Lanham
Act.
CORE TERMS: energy,
notice, shot, summary judgment, descriptive, consumer, trademark, retailer,
customer, Sherman Act ...
2. Sovereign Military Hospitaller
Order of St. John of Jerusalem of Rhodes and of Malta v. Fla. Priory of the
Knights Hospitallers of the Sovereign Order of St. John of Jerusalem, Knights
of Malta, The Ecumenical Order, No. 11-15101, UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT, 2012 U.S. App. LEXIS 19104; 23 Fla. L. Weekly Fed. C
1521, September 11, 2012, Decided [enhanced version
available to lexis.com subscribers]
OVERVIEW: Because
the signatory for a religious order's trademark application had no awareness
that any other organization was using the marks for which the order sought
federal protection, a priory's fraud counterclaims under 15 U.S.C.S. §§ 1051,
1064(3), 1119, failed.
CORE TERMS: priory,
ecumenical, knights', military, registration, service marks, registered, false
advertising, infringement, personal knowledge ...
3. Louboutin v. Yves Saint.
Laurent Am. Holding, Inc., Docket No. 11-3303-cv, UNITED STATES COURT OF
APPEALS FOR THE SECOND CIRCUIT, 2012 U.S. App. LEXIS 18663, January 24, 2012,
Argued, September 5, 2012, Decided [enhanced version
available to lexis.com subscribers]
OVERVIEW: By
placing the color red in the unusual context of the outsole of a woman's high
fashion shoe, and deliberately tying it to his product, a designer created an
identifying mark firmly associated with his brand; the lacquered red outsole, on
a shoe with a different colored "upper," qualified for trademark
protection.
CORE TERMS: trademark,
red, color, functionality, aesthetic, shoe, functional, outsole, secondary
meaning, Lanham Act ...
4. H-D Michigan, LLC v. Hellenic
Duty Free Shops S.A., Nos. 11-3618, 11-3838 and 12-1280, UNITED STATES COURT OF
APPEALS FOR THE SEVENTH CIRCUIT, 2012 U.S. App. LEXIS 18641, May 24, 2012,
Argued, September 5, 2012, Decided [enhanced version
available to lexis.com subscribers]
OVERVIEW: Parent
of a subsidiary licensee became a party to a license agreement (LA) through
merger, as provided in a merger clause and by the parties' actions, and, the
specific merger clause controlled over a more general provision stating the
rights were personal, thus, the parent consented to personal jurisdiction in
Wisconsin, as provided in the LA.
CORE TERMS: merger,
elmec, preliminary injunction, injunction, personal jurisdiction, licensee,
trademark, anti-suit, license, temporary ...
5. Suntree Techs., Inc. v.
Ecosense Int'l, Inc., No. 11-13916, UNITED STATES COURT OF APPEALS FOR THE
ELEVENTH CIRCUIT, 2012 U.S. App. LEXIS 18658; 23 Fla. L. Weekly Fed. C 1497,
September 5, 2012, Decided [enhanced version
available to lexis.com subscribers]
OVERVIEW: Where
trademark holder alleged that defendants' use of its trademark in submission of
contractor's bid for city project and in maintenance presentation was likely to
cause confusion, its Lanham Act and other claims failed because, inter alia,
there was no evidence that contractor intended to confuse city as to whose
baffle boxes would be installed.
CORE TERMS: baffle,
box, bid, summary judgment, advertising, supplier, presentation, trademark,
bidding, engineer ...
6. Persis Int'l, Inc. v. Burgett,
Inc., 09 C 7451, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF
ILLINOIS, EASTERN DIVISION, 2012 U.S. Dist. LEXIS 133573, September 18, 2012,
Decided, September 18, 2012, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: trademark,
piano, counterclaim, summary judgment, unfair competition, infringement,
license, resume, trademark infringement, Lanham Act ...
7. 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 131607, September 13,
2012, Decided, September 13, 2012, Filed, Motion denied by East West, LLC v.
Rahman, 2012 U.S. Dist. LEXIS 133374 (E.D. Va., Sept. 17, 2012) [enhanced version
available to lexis.com subscribers]
CORE TERMS: trade
name, trademark, summary judgment, trademark infringement, advertising, Lanham
Act, infringement, metropolitan area, unfair competition, registration ...
8. Rockland Exposition, Inc. v.
Alliance of Auto. Serv. Providers, Case No. 08-CV-7069 (KMK), UNITED STATES
DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, 2012 U.S. Dist. LEXIS
131588, September 11, 2012, Decided [enhanced version
available to lexis.com subscribers]
CORE TERMS: secondary
meaning, automotive, trademark, summary judgment, service mark, advertising,
unfair competition, tortious interference, internal quotation marks omitted,
consumer ...
9. Born to Rock Design, Inc. v.
CafePress.com, Inc., 10 Civ. 8588 (CM), UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF NEW YORK, 2012 U.S. Dist. LEXIS 129230, September 7, 2012,
Decided, September 7, 2012, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: trademark,
rock', fair use, commerce, descriptive, summary judgment, website, magazine,
merchandise, non-trademark ...
10. Wine Group, LLC v. L. &
R. Wine Co., No. 2:10-cv-02204-MCE-KJN, UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA, 2012 U.S. Dist. LEXIS 128576, September 7,
2012, Decided, September 10, 2012, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: box,
wine, trademark, summary judgment, octagonal, registration, cancellation,
counterclaim, octagonal-sided, unclean hands ...
....
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