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1. Tenneco Auto. Operating Co. v. Kingdom Auto Parts, Case Nos. 08-2276, 09-1920, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, 10a0663n.06;, 2010 U.S. App. LEXIS 22571; 2010 FED App. 0663N (6th Cir.), October 28, 2010, Filed, NOT RECOMMENDED FOR FULL-TEXT PUBLICATION. SIXTH CIRCUIT RULE 28 LIMITS CITATION TO SPECIFIC SITUATIONS. PLEASE SEE RULE 28 BEFORE CITING IN A PROCEEDING IN A COURT IN THE SIXTH CIRCUIT. IF CITED, A COPY MUST BE SERVED ON OTHER PARTIES AND THE COURT. THIS NOTICE IS TO BE PROMINENTLY DISPLAYED IF THIS DECISION IS REPRODUCED.
OVERVIEW: Manufacturer's product identification number stamped into its struts did not have a secondary meaning and were merely descriptive, so they had no trademark protection and the competitor's accidental use of the marks did not violate the Lanham Act, specifically 15 U.S.C.S. §§ 1114, 1125.
CORE TERMS: declaration, strut, consumer, summary judgment, secondary meaning, genuine issues, material fact, distributor, trademark, copying ...
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2. Smart Mktg. Group, Inc. v. Publ'ns Int'l Ltd., Nos. 09-2646 & 09-2812, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, 2010 U.S. App. LEXIS 22412, April 7, 2010, Argued, October 28, 2010, Decided
OVERVIEW: New trial regarding damages was required in a marketer's breach of contract lawsuit against a website operator because the parties' business venture was too new to consider lost profits as evidence of damages, and the parties' evidence regarding damages was speculative and did not establish damages with the required reasonable degree of certainty.
CORE TERMS: dealer's, website, selling, lost profits, software, estimate, internet, new trial, new business, attrition ...
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3. DSPT Int'l, Inc. v. Nahum, No. 08-55062, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, 2010 U.S. App. LEXIS 22107, May 6, 2009, Argued and Submitted, Pasadena, California, October 27, 2010, Filed
OVERVIEW: Where a former employee used a manufacturer's website to gain leverage in bargaining for money he claimed he was owed, a jury verdict in favor of the manufacturer under the Anti-Cybersquatting Consumer Protection Act was upheld because, inter alia, there was evidence of an intent to profit; sufficient evidence supported the damages award.
CORE TERMS: domain, trademark, website, registration, com, bad faith, confusingly, site, distinctive, retailers ...
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4. Famous Horse Inc. v. 5th Ave. Photo Inc., Docket No. 08-4523-cv, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, 2010 U.S. App. LEXIS 21745, October 1, 2009, Argued, October 21, 2010, Decided
OVERVIEW: Store operator's false endorsement, trademark infringement, and false advertising claims under the Lanham Act against counterfeit jeans sellers survived dismissal because, inter alia, Lanham Act §§ 32 and 43(a) did not speak solely to confusion about the origin of goods or services, and the store operator had standing.
CORE TERMS: Lanham Act, jeans, counterfeit, customer, competitor, retailer, false advertising, competitive, misleading, reputation ...
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5. United States v. Perez, No. 09-16245 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, 2010 U.S. App. LEXIS 21596, October 18, 2010, Decided, October 18, 2010, Filed, PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.
OVERVIEW: Evidence was sufficient to support defendant's 18 U.S.C.S. § 2320 conviction for trafficking in counterfeit goods; it would have been reasonable for the jury to determine that defendant's testimony that the confidential informant told him that he would place the imitation stickers on the cigar boxes at a later time, was incredible.
CORE TERMS: box, cigar boxes, label, counterfeit, authentic, traffic, trademarked, conspiracy, featured, sticker ...
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6. Alaven Consumer Healthcare, Inc. v. DRFLORAS, LLC, No. 10-11313 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, 2010 U.S. App. LEXIS 21027, October 12, 2010, Decided, October 12, 2010, Filed, PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.
CORE TERMS: trademark infringement, unfair competition, summary judgment, consumer, trademark, designation, discovery, rubric, non-prescription, manufactures ...
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7. Fed. Treasury Enter. Sojuzplodoimport v. Spirits Int'l N.V., Docket No. 06-3532-cv, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, 2010 U.S. App. LEXIS 20826, December 15, 2009, Argued, October 8, 2010, Decided
OVERVIEW: District court improperly conflated incontestability with whether a subsequent transfer of the marks was valid; thus, federal question jurisdiction existed not only over infringement claims but also over the antecedent issue of validity of an assignment of ownership, an issue whose resolution could depend on state or foreign law.
CORE TERMS: trademark, ownership, Lanham Act, incontestable, registrant, registration, registered, successor, entity, trademark infringement ...
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8. Fed. Treasury Enter. Sojuzplodoimport v. Spirits Int'l N.V., 06-3532-cv, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, 2010 U.S. App. LEXIS 20941, October 8, 2010, Decided, PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.
OVERVIEW: Fraud claims concerning the ownership of famous vodka trademarks were properly dismissed because the fraud claim was dismissed on the ground that the plaintiff had failed to plead that it had relied on a false statement of the defendants. It had pled instead that a third party had relied on one of the defendant's false statements.
CORE TERMS: trademark, unjust enrichment, fraud claim, ownership, entity, false statement, joinder, decree, Lanham Act, equitable claim ...
9. Hana Fin., Inc. v. Hana Bank, No. 08-55243, No. 08-55244, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, 2010 U.S. App. LEXIS 20557, October 4, 2010, Resubmitted, Pasadena, California, October 4, 2010, Filed, PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.
CORE TERMS: summary judgment, customer, registration, commerce, fraudulent intent, advertisement, counterclaim, inadmissible, transacted, triable issue ...
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10. Mobile Anesthesiologists Chi., LLC v. Anesthesia Assocs. of Houston Metroplex, P.A., No. 09-2658, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, 2010 U.S. App. LEXIS 20215, April 2, 2010, Argued, October 1, 2010, Decided
OVERVIEW: Trademark owner failed to establish that Illinois court had specific personal jurisdiction over a Texas competitor in a federal trademark action because, pursuant to the Fourteenth Amendment and 735 ILCS 5/2-209, the competitor lacked any meaningful contacts and there was insufficient evidence for the court to find express aiming by the competitor.
CORE TERMS: personal jurisdiction, forum state, website, trademark, aiming, constructive notice, registration, aimed, preliminary injunction, minimum contacts ...
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