1. Yellowbook Inc. v.
Brandeberry, No. 11-4267, UNITED STATES COURT OF APPEALS FOR THE SIXTH
CIRCUIT, 13a0052p.06, 2013 U.S. App.
LEXIS 4009; 2013 FED App. 0052P (6th Cir.), January 15, 2013, Argued, February
27, 2013, Decided, February 27, 2013, Filed [enhanced version available to lexis.com subscribers]
OVERVIEW: Purchaser
of a phonebook business was improperly denied summary judgment on its
trademark-infringement claims against a corporation and its owner on the basis
that the owner retained his personal interest in the mark because the owner
never received an interest since the corporation had initially received the
undivided ownership in the mark.
CORE TERMS: trademark,
directory, ownership, abandoned, goodwill, right to use, license, abandonment,
attorney's fees, transferred ...
2. Eastland Music Group, LLC v.
Lionsgate Entm't, Inc., No. 12-2928, UNITED STATES COURT OF APPEALS FOR THE
SEVENTH CIRCUIT, 2013 U.S. App. LEXIS 3621, December 6, 2012, Argued, February
21, 2013, Decided [enhanced version available to lexis.com subscribers]
OVERVIEW: Plaintiff's
trademark infringement complaint failed because it did not allege that the use
of "50/50" as a title had caused any confusion about film's source
because complaint did not (and could not have plausibly) allege that consumers
treated plaintiff as the producer or source of the film 50/50, or treat
defendants as the producer of rap album.
CORE TERMS: trademark,
film, movies, phifty-50, rap, discovery, producer, wikipedia, summary judgment,
intellectual property ...
3. Abraham v. Alpha Chi Omega,
No. 12-10525, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, 2013 U.S.
App. LEXIS 2799, February 7, 2013, Filed [enhanced version available to lexis.com subscribers]
OVERVIEW: Partial
preliminary injunction against the use by a manufacturer of trademarks
belonging to 32 fraternity and sorority organizations was proper because the
district court properly crafted an injunction using a "degree of
prejudice" test that balanced the equities of the parties and did not
abuse its discretion in fashioning injunctive relief.
CORE TERMS: trademark,
laches, injunction, paddles, infringing, crest, unclean hands, infringer, undue
prejudice, acquiescence ...
4. James R. Glidewell Dental
Ceramics v. Keating Dental Arts, Inc., Case No.: SACV 11-1309-DOC(ANx), UNITED
STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN
DIVISION, 2013 U.S. Dist. LEXIS 24824, February 21, 2013, Decided, February 21,
2013, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: trademark,
summary judgment, bruxer, bruxzir, misuse, counterclaim, dentist, suggestive,
dental, consumer ...
5. 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 22157, February 18, 2013, Decided,
February 19, 2013, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: registration,
trademark, patent, antitrust violation, procurement, monopoly, actionable,
fraudulent, procured, lawsuit ...
6. D'Andrea Bros. LLC v. United
States, No. 08-286C, UNITED STATES COURT OF FEDERAL CLAIMS, 2013 U.S. Claims
LEXIS 73, February 8, 2013, Filed [enhanced version available to lexis.com subscribers]
OVERVIEW: Government
breached a contract's covenant of good faith and fair dealing when it failed to
communicate with plaintiff marketer of energy bars for eight months, stopped
using the trademarked name on the military's rations bars, and decided to
abandon the trademarked name, which undercut the value of plaintiff's license
to use the trademark.
CORE TERMS: military,
ration, trademark, energy, email, good faith, fair dealing, brand, royalty
payments, implied covenant ...
7. Image Online Design, Inc. v.
Internet Corp. for Assigned Names & Numbers, Case No. CV 12-08968 DDP
(JCx), UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA,
2013 U.S. Dist. LEXIS 16896, February 7, 2013, Decided, February 7, 2013, Filed
[enhanced version available to lexis.com subscribers]
CORE TERMS: web,
trademark, registry, domain, internet, infringement, com, intentional
interference, generic, trademark infringement ...
8. Mr. Elec. Corp. v. Khalil, No.
06-2414-CM, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS, 2013 U.S.
Dist. LEXIS 15723, February 6, 2013, Decided [enhanced version available to lexis.com subscribers]
CORE TERMS: franchisee,
summary judgment, counterclaim, franchise, trademark, genuine, issue of
material fact, termination, franchisor, trademark infringement ...
9. Tovey v. Nike, Inc., CASE
NO.1:12CV448, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO,
EASTERN DIVISION, 2013 U.S. Dist. LEXIS 16084, February 6, 2013, Decided,
February 6, 2013, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: boom',
trademark infringement, trademark, recommendation, fair use, counterfeiting,
counterfeit, apparel, consumer, clothing ...
10. Medical Prods. Labs. v.
Premier Dental Prods. Co., CIVIL ACTION NO. 12-6051, UNITED STATES DISTRICT
COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA, 2013 U.S. Dist. LEXIS 13719,
January 31, 2013, Decided, February 1, 2013, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: trademark,
registration, Lanham Act, statute of limitations, causes of action, register,
fraudulent, supplemental jurisdiction, injunctive relief, time-barred ...
....
Sign in with your Lexis.com ID to access Trademark Law resources on Lexis.com or any of these
Mathew Bender Trademark Law publications:
Click here to order Trademark Law
treatises/resources and Mathew Bender publications.
LexisNexis Publications:
View the LexisNexis
Catalog of Legal and Professional Publications
LexisNexis eBooks
Click
here for a list of available LexisNexis eBooks.
Click here to learn more about
LexisNexis eBooks.
For more information about LexisNexis products and solutions connect with us through our corporate site.