September 2010 Issue
Lou v. Otis Elevator Co.,
77 Mass. App. Ct. 571 (Sept. 3, 2010)
Massachusetts Appeals Court affirms a multimillion-dollar jury verdict against defendant for liability as a trademark licensor under the “apparent manufacturer” doctrine for injuries resulting from an escalator accident in China, despite the fact that defendant did not sell or manufacture the escalator.
Tiffany (NJ) Inc. v. eBay, Inc.,
2010 WL 3733894 (S.D.N.Y. Sept. 10, 2010)
After the Second Circuit’s much-publicized decision that eBay was not liable for contributory trademark infringement for the sale of counterfeit Tiffany products on eBay’s website, the district court on remand rejected Tiffany’s remaining false-advertising claim.
Finnegan Articles
If It Quacks Like a Duck . . . It Just Might Be a Trademark
by Julia Anne Matheson
Events
AIPLA Annual Meeting
October 21-23, 2010
TTAB Cases
M.C.I. Foods, Inc. v. Bunte,
Canc. No. 92046056 (TTAB Sept. 13, 2010)
TTAB finds no fraud where registrant relied on the advice of counsel in seeking registration for an overly broad description of goods and there was no evidence that counsel had advised against the improper filing strategy, and Petitioner did not adduce any other evidence of an intent to deceive.
Super Bakery, Inc. v. Benedict,
Canc. No. 92047859 (TTAB Sept. 16, 2010)
TTAB holds that Trademark Rule 2.127(d) does not automatically suspend a TTAB proceeding upon the filing of a motion for summary judgment.
