1. Already, LLC v. Nike, Inc.,
No. 11-982., SUPREME COURT OF THE UNITED STATES, 184 L. Ed. 2d 553; 2013 U.S.
LEXIS 602; 23 Fla. L. Weekly Fed. S 549, November 7, 2012, Argued, January 9,
2013, Decided, The LEXIS pagination of
this document is subject to change pending release of the final published
version. [enhanced version
available to lexis.com subscribers]
OVERVIEW: In
a trademark infringement action filed by a shoe company, it was not error to
find that a subsequently-filed covenant not to sue mooted the case and divested
the district court of jurisdiction; therefore, the district court also could
not hear a counterclaim alleging the shoe company's trademark was invalid.
CORE TERMS: covenant,
trademark, shoe, moot, competitor, holder, colorable, imitation, counterclaim,
cessation ...
2. Swarovski Aktiengesellschaft
v. Bldg. #19, Inc., No. 12-1659, UNITED STATES COURT OF APPEALS FOR THE FIRST
CIRCUIT, 2013 U.S. App. LEXIS 566, January 9, 2013, Decided [enhanced version
available to lexis.com subscribers]
OVERVIEW: Where
reseller sought to resell crystal figurines and designed a newspaper ad with
the trademarked name in large print font, it was error to grant trademark
holders' request for a preliminary injunction without first finding that the
reseller's use of the mark in the proposed advertisement was likely to cause
confusion under 15 U.S.C.S. § 1114.
CORE TERMS: nominative,
advertisement, trademark, preliminary injunction, fair use, crystal,
irreparable harm, infringement, consumer, trademark infringement ...
3. Southern 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, 2013 U.S. Dist. LEXIS 12487, January 30, 2013, Decided,
January 30, 2013, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: trademark,
summary judgment, civil action, privity, duplicative, unfair competition,
Lanham Act, original cases, flavor, essential elements ...
4. Monster, Inc. v. Dolby Labs.
Licensing Corp., Case No.: 12- cv-2488-YGR, UNITED STATES DISTRICT COURT FOR
THE NORTHERN DISTRICT OF CALIFORNIA, 2013 U.S. Dist. LEXIS 12033, January 29,
2013, Decided, January 29, 2013, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: headphone,
trademark, summary judgment, licensee's, licensing, consumer, naked,
declaration, marketplace, partial ...
5. Desmond v. Chi. Boxed Beef
Distribs., No. 11 C 3545, UNITED STATES DISTRICT COURT FOR THE NORTHERN
DISTRICT OF ILLINOIS, EASTERN DIVISION, 2013 U.S. Dist. LEXIS 12629, January
29, 2013, Decided, January 29, 2013, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: trademark,
tip, meat, rib, boxed, spare, counterfeit, dilution, Lanham Act TRPA UDTPA,
personally ...
6. Stevo Design, Inc. v. SBR
Mktg., Ltd., 2:11-CV-00304-LRH-CWH, UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEVADA, 2013 U.S. Dist. LEXIS 10975, January 24, 2013, Decided,
January 25, 2013, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: user,
website, trademark, message, infringement, nominative, fair use, sports, matter
jurisdiction, extraterritorial ...
7. Scorpiniti v. Fox TV Studios,
Inc., No. 11-CV-64-LRR, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT
OF IOWA, CEDAR RAPIDS DIVISION, 2013 U.S. Dist. LEXIS 8758, January 23, 2013,
Decided, January 23, 2013, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: gate,
television, trademark, commerce, user, broadcasting, consumer, television
programs, service mark, episode ...
8. Jalin Realty Capital Advisors,
LLC v. A Better Wireless, NISP, LLC, Civil No. 11-165 (JRT/LIB), UNITED STATES
DISTRICT COURT FOR THE DISTRICT OF MINNESOTA, 2013 U.S. Dist. LEXIS 2461,
January 8, 2013, Decided, January 8, 2013, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: website,
domain, trade dress, jrca, summary judgment, counterclaim, consumer, purported,
trademark, discovery ...
9. Japan Press Serv. v. Japan
Press Serv., 11 CV 5875 (SJF)(ETB), UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF NEW YORK, 2013 U.S. Dist. LEXIS 2163, January 2, 2013,
Decided, January 2, 2013, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: personal
jurisdiction, venue, nikkan, joint venture, trademark, san, Lanham Act,
citation omitted, forum selection clause, quotations ...
10. Apple Inc. v. Amazon.Com
Inc., No. C 11-1327 PJH, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT
OF CALIFORNIA, 2013 U.S. Dist. LEXIS 440, January 2, 2013, Decided, January 2,
2013, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: false
advertising, air, dmv, shuttle, summary judgment, Lanham Act, false statement,
trademark, consumer, potato chip ...
....
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