Incontestable
Finnegan's monthly review of essential decisions, key developments, evolving trends in trademark law, and more.

October 2011 Issue

Civil Cases

Facebook, Inc. v. Teachbook.com LLC,
2011 WL 4449686 (N.D. Ill. Sept. 26, 2011)

Northern District of Illinois denies motion to dismiss Facebook’s trademark infringement and dilution claims against the TEACHBOOK social networking website.

GoPets Ltd. v. Hise,
2011 WL 4394353 (9th Cir. Sept. 22, 2011)

Ninth Circuit splits from the Third Circuit and holds that
re-registration of a domain name is not a new “registration” for purposes of evaluating a cybersquatting claim under the ACPA.

Hart v. Elec. Arts, Inc.,
2011 WL 4005350 (D.N.J. Sept. 9, 2011)

New Jersey district court finds publisher’s inclusion of modifiable likeness of former college quarterback in video game protected by First Amendment and not outweighed by player’s right of publicity.

Louis Vuitton Malletier S.A. v.
Akanoc Solutions, Inc.
,
2011 WL 4014320 (9th Cir. Sept. 9, 2011)

Ninth Circuit holds that a web-hosting company that hosted customer websites selling counterfeit goods can be liable for contributory trademark counterfeiting and infringement when it continued to provide hosting services to the counterfeiters despite receiving numerous objections from the trademark owner.
TTAB Cases

Gen. Mills, Inc. v.
Fage Dairy Processing Indus. S.A.
,
Opp. Nos. 91118482, 91118950, 91155075, 91182937 (TTAB Sept. 14, 2011)

Board finds Applicant’s TOTAL marks for yogurt are likely to cause confusion with Opposers’ famous TOTAL marks for cereal.

UNREGISTRABLE:
“D®ive?” She Said


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