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

May 2011 Issue

Civil Cases

Architectural Mailboxes, LLC v.
Epoch Design, LLC
,
2011 WL 1630809 (S.D. Cal. Apr. 28, 2011)

Southern District of California issues a rare ruling dismissing plaintiff’s trademark claims on nominative-fair-use grounds at the motion-to-dismiss stage.

be2 LLC v. Ivanov,
98 USPQ2d 1499 (7th Cir. Apr. 27, 2011)

Seventh Circuit finds lack of personal jurisdiction over interactive website with 20 users in the forum state.

Newport News Holdings Corp. v.
Virtual City Vision, Inc.
,
2011 WL 1467183 (4th Cir. Apr. 18, 2011)

Fourth Circuit affirms lower court’s decision that defendant’s display of a minimal amount of noninfringing content on its website did not avoid cybersquatting where majority of the content was infringing.

THOIP v. Walt Disney Co.,
2011 WL 1792585 (S.D.N.Y. May 10, 2011)

Confusion not likely between Disney’s “LITTLE MISS” character-art t-shirts and THOIP’s “LITTLE MISS” character-art t-shirts relating to its “Little Miss” children’s book series.

TTAB Cases

In re Kysela Pere et Fils, Ltd.,
Ser. No. 77686637 (TTAB Mar. 24, 2011)

TTAB finds beer and wine to be related goods for likelihood-of-confusion analysis.

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