1. Gibson v. Tex. Dep't of Ins. -
Div. of Workers' Comp., No. 11-11136, UNITED STATES COURT OF APPEALS FOR THE
FIFTH CIRCUIT, 2012 U.S. App. LEXIS 22375, October 30, 2012, Filed [enhanced version available to lexis.com subscribers]
OVERVIEW: Even
if the domain name amounted to commercial speech, the attorney nevertheless
stated a claim under the First Amendment. While the State feared that the
attorney's domain name might have confused the public, there was no showing
that the domain name was incapable of being viewed in a non-deceptive manner.
CORE TERMS: domain,
commercial speech, misleading, solicitation, inherently, deceptive, website,
workers' compensation, facial challenge, trademark ...
2. Oriental Fin. Group, Inc. v.
Cooperativa De Ahorro Crédito Oriental, Nos. 11-1473, 11-1476, UNITED STATES
COURT OF APPEALS FOR THE FIRST CIRCUIT, 2012 U.S. App. LEXIS 21791, October 18,
2012, Decided [enhanced version available to lexis.com subscribers]
OVERVIEW: Where
financial companies using "Oriental" mark alleged Lanham Act
violation by competitor using "Coop Oriental" mark, remand was
necessary because it was error to conclude that they did not challenge the
"Coop Oriental" mark divorced from the 2009 orange trade dress;
doctrine of progressive encroachment barred competitor's laches defense.
CORE TERMS: cooperativa,
laches, logo, infringing, infringement, trademark, encroachment, progressive,
injunction, trade dress ...
3. In re Miracle Tuesday, LLC,
2011-1373, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S.
App. LEXIS 20756; 104 U.S.P.Q.2D (BNA) 1330, October 4, 2012, Decided [enhanced version available to lexis.com subscribers]
OVERVIEW: Registration
of trademark for fashion accessories which included term "Paris" was
properly refused since Paris was famous for fashion designs, accessories were
not designed or manufactured in Paris, and trademark applicant's status as
former Parisian did not overcome fact that mark was geographically
misdescriptive under 15 U.S.C.S. § 1052(e)(3).
CORE TERMS: materiality,
geographic, originate, designer, consumer, register, goods place,
geographically, misdescriptive, deceptively ...
4. Gerawan Farming v. Townsend
& Townsend & Crew LLP, CASE NO. CV F 10-2011 LJO JLT, UNITED STATES
DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA, 2012 U.S. Dist. LEXIS
152325, October 22, 2012, Decided, October 23, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: trademark,
patent, plant, actual injury, malpractice, summary judgment, tolling, peach,
limitations period, registration ...
5. Patrizzi v. Bourne in Time,
Inc., 11 Civ. 2386 (PAE), UNITED STATES DISTRICT COURT FOR THE SOUTHERN
DISTRICT OF NEW YORK, 2012 U.S. Dist. LEXIS 146861, October 11, 2012, Decided,
October 11, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: domain,
antiquorum, trademark, Lanham Act, infringing, timepiece, com, auction, pattern
of racketeering activity, registered ...
6. Ira Green, Inc. v. J.L.
Darling, Corp., CASE NO. 3:11-cv-05796-RJB, UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF WASHINGTON, 2012 U.S. Dist. LEXIS 145496, October 9,
2012, Decided, October 9, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: notebook,
summary judgment, consumer, trademark, marking, patent, waterproof, placement,
issue of fact, sheet ...
7. FLIR Sys. v. Sierra Media,
Inc., No. 3:10-cv-00971-HU, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
OREGON, PORTLAND DIVISION, 2012 U.S. Dist. LEXIS 145721, October 9, 2012,
Decided, October 9, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: fluke,
camera, summary judgment, drop, advertisement, thermal, fusion, video,
trademark, literally ...
8. Lovely Skin, Inc. v. Ishtar
Skin Care Prods., LLC, 8:10CV87, UNITED STATES DISTRICT COURT FOR THE DISTRICT
OF NEBRASKA, 2012 U.S. Dist. LEXIS 143168, October 3, 2012, Decided, October 3,
2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: skin,
lovely, registration, secondary meaning, trademark, lovelyskin, com, site,
cancellation, distinctiveness ...
9. Aviva United States Corp. v.
Vazirani, No. CV 11-0369-PHX-JAT, UNITED STATES DISTRICT COURT FOR THE DISTRICT
OF ARIZONA, 2012 U.S. Dist. LEXIS 142900, October 2, 2012, Decided, October 2,
2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: website,
domain, summary judgment, trademark, counterclaim, site, Lanham Act,
racketeering, com, trade dress ...
10. Thomas Petroleum, LLC v.
Lloyd, 1:11-CV-00902-LJO-JLT, UNITED STATES DISTRICT COURT FOR THE EASTERN
DISTRICT OF CALIFORNIA, 2012 U.S. Dist. LEXIS 142729, October 2, 2012, Decided,
October 2, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: petroleum,
oil, bid, summary judgment, tribe, trademark, lease, trade secrets, duty of
loyalty, abandonment ...
....
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