In Pro Search Plus, LLC v. VFM Leonardo, Inc., Central District of California Judge Josephine Staton dismissed some of the monopoly claims brought by online booking company Pro Search Plus against Canadian rival VFM Leonardo Inc. Pro Search claims that VFM violated the Sherman Act, Lanham Act, and the Copyright Act when it allegedly engaged […]
Category Archives: Trademark
Court Enjoins Labeling Designed to Make Shelf Stable Products Appear Fresh
May 21, 2013 – 5:29 pm
In Fresh Del Monte Produce Inc. v. Del Monte Foods Co., Southern District of New York Judge Sidney H. Stein enjoined Del Monte Corp. from mislabeling products in a fashion designed to suggest that they contain fresh fruit when in fact the products do not. The injunction comes approximately one year after a jury awarded […]
False Advertising Claim Based on Amazon Use of App Store Dismissed, but Trademark Litigation Continues
February 5, 2013 – 11:37 am
In Apple Inc. v. Amazon.com Inc., Northern District of California Judge Phyllis Hamilton dismissed a false advertising claim in which Apple accused Amazon of infringing its “App Store” mark. Amazon used that name to describe a section of its website selling applications for Android devices. Apple alleged that the use of use of the mark […]
Court Approves the Settlement of “Post-It” Trademark Infringement Suit
January 23, 2013 – 11:28 am
In 3M v. Unemployed Philosophers Inc., Minnesota District Court entered a consent judgment that ends 3M Co.’s trademark and unfair competition suit against Unemployed Philosophers Inc. over Unemployed Philosophers’ use of 3M’s “Post-It,” “Post,” and “Its” trademarks in naming several of Unemployed Philosophers’ products. Under the terms of the consent judgment, which is part of a […]
Court Denies Summary Judgment in “Yummi” Trademark Infringement Dispute
November 28, 2012 – 10:44 am
In Hero Nutritionals LLC v. Nutraceutical Corp. et al., Central District of California Judge Andrew J. Guilford denied Nutraceutical Corp.’s motion for summary judgment, holding that there was enough of a dispute to keep alive Hero Nutritionals LLC’s trademark infringement and unfair competision claims against Nutraceutical. Hero sued Nutraceuticals for trademark infringement and unfair competition, […]
New Challenge to Exclusive NFL Apparel License
November 17, 2012 – 12:39 pm
In Patrick Dang v. San Francisco Forty Niners Ltd., the plaintiff has filed a putative class action in the Northern District of California alleging that the exclusive license between the NFL, NFL teams, and sports apparel maker Reebok International Ltd. monopolized the market for team apparel. Although that agreement has expired, the NFL currently has […]
Trade Dress Infringement Case Between Drug-Testing Competitors to Move Forward
November 17, 2012 – 12:34 pm
In Millennium Laboratories Inc. v. Ameritox Ltd., Southern District of California judge Michael M. Anello refused to dismiss a trademark infringement and unfair competition suit against drug-testing firm Ameritox Ltd. Millennium Laboratories Inc., Ameritox’s competitor, filed the action alleging that Ameritox intentionally copied Millennium’s diagnostic report format. The reports are used to notify physicians of […]
College Athlete Likeness in Video Game Case to Move Forward
May 30, 2012 – 4:24 pm
In re: NCAA Student-Athlete Name & Likeness Licensing Litigation, Northern District of California Judge Claudia Wilken denied Electronic Arts Inc. motion to dismiss multidistrict antitrust litigation alleging that it conspired to deny compensation to former college athletes for use of their likenesses in video games. Plaintiffs claim that the NCAA wrongly prohibits college players from […]
Court Revives Trojan Condom Trademark Infringement Claim
May 30, 2012 – 9:35 am
In Church & Dwight Co. Inc. v. Mayer Laboratories Inc., Northern District of California Judge Edward M. Chen granted Mayer Laboratories Inc.’s motion for reconsideration, reviving Mayer’s claim that Trojan condom maker Church & Dwight Co. Inc. had infringed its trademark for the term “microthin.” This case originally began in 2008, when C&D filed an […]
Court Grants TRO Blocking Reebok’s Sale of Tebow NYJ Jerseys
April 3, 2012 – 11:46 am
New York federal court judge, Kevin Castel, granted a temporary restraining order barring Reebok, a unit of Adidas AG, from selling Tim Tebow New York Jets jerseys. “The public demand for such Tebow-Jets products spans the entire U.S.,” plaintiff Nike alleged, has led Reebok “to illegitimately seize on this unique and short-lived consumer opportunity.” Nike […]