1. Stephen Slesinger, Inc. v.
Disney Enters., Inc., 2011-1593, UNITED STATES COURT OF APPEALS FOR THE FEDERAL
CIRCUIT, 2012 U.S. App. LEXIS 26307, December 21, 2012, Decided [enhanced version
available to lexis.com subscribers]
OVERVIEW: PTO
Trademark Trial and Appeal Board properly dismissed appellant's challenge to
appellee's applications to register certain trademarks based on collateral
estoppel because a federal district court had concluded that appellant
completely granted all its rights to appellee as an assignment as opposed to a
license.
CORE TERMS: trademark,
license, ownership, preclusion, collateral estoppel, transferred, infringement,
estoppel, prior action, identical issue ...
2. Miller's Ale House, Inc. v.
Boynton Carolina Ale House, LLC, No. 10-15140, UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT, 2012 U.S. App. LEXIS 26049, December 20, 2012,
Decided [enhanced version
available to lexis.com subscribers]
OVERVIEW: A
restaurant chain's features of a rectangular bar, booth seating, and high-top
tables were standard for a sports bar or restaurant and, as such, not
protectable, thus, its 15 U.S.C.S. § 1125(a) trade dress infringement claim
against a competitor with substantially similar features failed.
CORE TERMS: ale,
generic, restaurant, trade dress, trademark, floor plan, distinctive,
protectable, secondary meaning, seating ...
3. In re Fox, 2012-1212, UNITED
STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 25937,
December 19, 2012, Decided [enhanced version
available to lexis.com subscribers]
OVERVIEW: The
United States Patent and Trademark Office, Trademark Trial and Appeal Board,
did not err in concluding that use of the term cock sucker to establish a
double entendre referencing a rooster-shaped lollipop consisted or comprised
vulgar and scandalous matter within the meaning of 15 U.S.C. § 1052(a), and was
not registrable.
CORE TERMS: vulgar,
double entendre, scandalous, examiner's, dictionary, cocksucker, non-vulgar,
sucker', general public, trademark ...
4. Sovereign Military Hospitaller
Order of St. John of Jerusalem of Rhodes & 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 26125, December 18, 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, registration, knights', service marks, false advertising,
registered, infringement, commerce, deceive ...
5. Georgia-Pacific Consumer
Prods. LP v. Four-U-Packaging, Inc., No. 11-4394, UNITED STATES COURT OF
APPEALS FOR THE SIXTH CIRCUIT,
12a0406p.06;, 2012 U.S. App. LEXIS 25466; 2012 FED App. 0406P (6th
Cir.), December 13, 2012, Decided, December 13, 2012, Filed [enhanced version
available to lexis.com subscribers]
OVERVIEW: Because
it was apparent that a trademark-dilution claim against a different distributor
had no basis, a prior court understandably did not analyze it separately, but
it was litigated and actually decided by a finding of no similarity of marks,
and that prior court's ruling had preclusive effect against a current
distributor of the same product.
CORE TERMS: paper
towels, issue preclusion, dispenser, von, tortious interference, consumer,
contractual relationships, litigated, customer, summary judgment ...
6. Abraham v. Alpha Chi Omega,
No. 12-10525, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, 2012 U.S.
App. LEXIS 25038, December 6, 2012, Filed [enhanced version
available to lexis.com subscribers]
OVERVIEW: Manufacturer
helped create market for fraternity and sorority paddles decades before
organizations had licensing program, manufacturer's intent was to service
organizations, not to capitalize on goodwill in bad faith. Evidence was
sufficient to allow jury to find for manufacturer on unclean hands issue as it
supported showing of lack of bad faith.
CORE TERMS: trademark,
laches, paddles, injunction, infringing, crest, unclean hands, undue prejudice,
infringer, acquiescence ...
7. Tovaritch Spirits Int'l SA v.
Luxco, Inc., Case No. 4:11CV950 JCH, UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF MISSOURI, EASTERN DIVISION, 2012 U.S. Dist. LEXIS 180901,
December 21, 2012, Decided, December 21, 2012, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: trademark,
vodka, cancellation, unfair competition, trademark infringement, registration,
injunction, dilution, counterclaims, brand ...
8. S. Snow Mfg. Co. v. Snowizard
Holdings, Inc., CIVIL ACTION NO. 06-9170,09-3394,10-0791,11-1499 SECTION:
"G" (1), UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF
LOUISIANA, 2012 U.S. Dist. LEXIS 177330, December 14, 2012, Decided, December
14, 2012, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: trademark,
patent, machine, mail, wire fraud, flavor, ice-shaving, extortion, predicate
acts, fraudulent ...
9. ComPsych Corp. v. Health
Champion LLC, CIVIL ACTION NO. 3:12cv692(VLB), UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF CONNECTICUT, 2012 U.S. Dist. LEXIS 176580, December 13, 2012,
Decided, December 13, 2012, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: trademark,
abandonment, registration, preliminary injunction, likelihood of success,
registered, abandoned, Lanham Act, citation omitted, injunctive relief ...
10. Gerawan Farming, Inc. v.
Townsend & Townsend & Crew LLP, CASE NO. 10-2011 LJO JLT, UNITED STATES
DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA, 2012 U.S. Dist. LEXIS
171999, December 4, 2012, Decided, December 4, 2012, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: trademark,
reconsideration, actual injury, attorney fees, summary judgment, legal
challenge, inclusion, patents, plant, malpractice ...
....
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