June 2010 Issue
Campagnolo S.r.l. v. Full Speed Ahead, Inc.,
2010 WL 2079694 (W.D. Wash. May 20, 2010)
Western District of Washington finds no secondary liability for false advertising where defendant corporation acted as the codefendant’s “parent” company but did not exercise “complete domination” over the codefendant and had no knowledge of the advertisements or their falsity.
Deere & Co. v. Int’l Trade Comm’n,
2010 WL 2104659 (Fed. Cir. May 26, 2010)
Federal Circuit clarifies the test for a party to be entitled to an exclusion order under Section 337 against gray−market imports, requiring trademark owner to show that “substantially all” of its domestic sales are of the authorized U.S. version.
Super−Krete Int’l, Inc. v. Sadleir,
2010 WL 1688533 (C.D. Cal. Apr. 22, 2010)
Following defendants’ threat to sell a domain name they had owned for nine years to a foreign third party, Central District of California grants plaintiff’s motion for a preliminary injunction to prevent defendants’ sale or transfer of the domain name pending the court’s decision on the merits of plaintiff’s claims.
Finnegan News
Finnegan Recognized as Top−Tier Intellectual Property Law Firm by Chambers USA for 2010
The Legal 500 U.S. Ranks Finnegan Among Top Firms in All Major IP Categories for 2010
Chambers Asia 2010 Recognizes Finnegan’s Taiwan and Japan Offices
Finnegan Articles
‘Use in Commerce’ Problems In U.S. Trademark Cases
Events
Leadership Academy for Women
July 11−15, 2010
TTAB Cases
In re Anpath Group, Inc.,
App. Ser. No. 77004809 (TTAB May 13, 2010)
TTAB affirms rejection of specimens of use for goods notwithstanding inclusion of Applicant’s URL and telephone contact number, because Applicant’s specimens fail to show use of ANPATH as a trademark.
Nat’l Pork Bd. v. Supreme Lobster & Seafood Co.,
Opp. No. 91166701 (TTAB June 11, 2010)
THE OTHER RED MEAT for fresh and frozen salmon found likely to dilute the famous mark THE OTHER WHITE MEAT for association services, including promotion of the pork industry.
