SDNY: Global Brand v Rae Dunn Design (XOXO) – Fair use could not be...
SDNY: For purposes of a MtD, Defendant’s affirmative defenses (e.g. fair use) must be evident from the face of the complaint. Here, while defendant’s own mark prominently appeared alongside...
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Fifth Circuit: When is Theseus’ ROLEX watch no longer a ROLEX watch?
A Champion Spark plug re-conditioned goods case involving ROLEX watch parts. From the Fifth Circuit decision: This is a trademark infringement dispute involving allegations of counterfeit and...
View ArticlePost-purchase Confusion in the UK: Iconix Luxembourg Holdings SARL v Dream...
From Stobbs summary: Recent Court of Appeal decision (Iconix v Dream Pairs, involving the Umbro ‘double diamond’ logo on footwear) which has clarified the need to take account of the potential for...
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Show the pictures to your clients and say “this is descriptive fair use”:...
Plaintiff has been suing various wristwatch companies over the use of the term RED GOLD. Here, Breitling’s dismissal of plaintiff’s suit at summary judgment provides a road map as to how to make...
View ArticleDistinguishing Between Equitable and Legal TM Remedies
VAN LEEUWEN ICE CREAM LLC, Plaintiff, v.REBEL CREAMERY LLC, Defendant. No. 21-CV-2356 (EK) (JRC). United States District Court, E.D. New York.March 11, 2024.
View ArticleDefault Judgments in TM Cases
Amazon satisfies multi-factor test for default: AMAZON.COM INC; JL CHILDRESS CO INC, Plaintiff, v.TANG ZHI; ET AL, Defendant. Case No. 2:20-cv-01215-TMC-MLP. United States District Court, W.D....
View ArticleFraud on the PTO
LEDO PIZZA SYSTEM, INC. & LEDO PIZZA CARRYOUTS, INC., Plaintiffs,v.LEDO’S INC., Defendant. No. 20 CV 7350. United States District Court, N.D. Illinois, Eastern Division. March 7, 2024. The...
View ArticleDon’t call a Rule 68 judgment in an infringement case an infringement judgment
If you receive a Rule 68 judgment, be careful how you crow about it. Rule 68 of the Federal Rules of Civil Procedure is structured to motivate defendants to make settlement offers. It provides that At...
View ArticleSchedule A – Ex Parte motion for preliminary injunction
CreeLED, Inc., Plaintiff,v.The Individuals, Partnerships and Unincorporated Associations Identified on Schedule “A,” Defendants. Case No. 24-20081-Civ-Martinez/Sanchez. United States District Court,...
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Are Kim Kardashian’s Table and Chairs Like A $20 Rolex?
Donald Judd was a minimalist furniture designer so I’ll leave it at that. His La Mansana tables and chairs now go for $90K and $9k respectively. The Judd Foundation, his successor in interest (he...
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