Finnegan's monthly review of essential decisions, key developments, evolving trends in trademark law, and more.
November 2008 Issue
Civil Cases
Anheuser-Busch, Inc. v. VIP Products, LLC,
2008 WL 4619702 (E.D. Mo. 2008)
Parody defense fails in the face of a strong likelihood-of-confusion survey in a trade dress infringement case.
Facenda v. N.F.L. Films Inc.,
542 F.3d 1007 (3d Cir. 2008)
Third Circuit holds that false endorsement does not require evidence of actual confusion.
Jackson v. Grupo Industrial Hotelero, S.A.,
2008 WL 4648999 (S.D. Fla. 2008)
In Da Club? Not in This Club: 50 Cent's claims of trademark infringement and false designation of origin survive defendant nightclub owner's motion to dismiss for lack of subject matter jurisdiction, lack of personal jurisdiction, and forum non conveniens.
Levi Strauss & Co. v. Abercrombie & Fitch Trading Co.,
2008 WL 4614660 (N.D. Cal. 2008)
Northern District of California denies motion to strike plaintiff's surveys and rules that an attorney's explanation of prior survey results would not suffi ce in place of competent, expert testimony.
Civil Cases
Anheuser-Busch, Inc. v. VIP Products, LLC,
2008 WL 4619702 (E.D. Mo. 2008)
Parody defense fails in the face of a strong likelihood-of-confusion survey in a trade dress infringement case.
Facenda v. N.F.L. Films Inc.,
542 F.3d 1007 (3d Cir. 2008)
Third Circuit holds that false endorsement does not require evidence of actual confusion.
Jackson v. Grupo Industrial Hotelero, S.A.,
2008 WL 4648999 (S.D. Fla. 2008)
In Da Club? Not in This Club: 50 Cent's claims of trademark infringement and false designation of origin survive defendant nightclub owner's motion to dismiss for lack of subject matter jurisdiction, lack of personal jurisdiction, and forum non conveniens.
Levi Strauss & Co. v. Abercrombie & Fitch Trading Co.,
2008 WL 4614660 (N.D. Cal. 2008)
Northern District of California denies motion to strike plaintiff's surveys and rules that an attorney's explanation of prior survey results would not suffi ce in place of competent, expert testimony.
TTAB Cases
Kairos Institute of Sound Healing, LLC v. Doolittle Gardens, LLC,
Opposition No. 91181945 (TTAB 2008)
TTAB refuses to impose sanctions for failure to make initial disclosures under amended Trademark Rules 2.120(g)(1) and (2).
Media Online, Inc. v. El Clasificado, Inc.,
Cancellation No. 92047294 (TTAB 2008)
TTAB denies leave to amend a petition to cancel based on Petitioner's undue delay in filing a futile fraud claim, and holds that Respondent has priority based on the constructive first use date of its application.
Sierra Sunrise Vineyards v. Montelvini S.P.A.,
Cancellation No. 92048154 (TTAB 2008)
TTAB grants cancellation of a registration on fraud grounds based upon registrant's false statement in its Section 8/15 declaration claiming use on all listed goods.
Kairos Institute of Sound Healing, LLC v. Doolittle Gardens, LLC,
Opposition No. 91181945 (TTAB 2008)
TTAB refuses to impose sanctions for failure to make initial disclosures under amended Trademark Rules 2.120(g)(1) and (2).
Media Online, Inc. v. El Clasificado, Inc.,
Cancellation No. 92047294 (TTAB 2008)
TTAB denies leave to amend a petition to cancel based on Petitioner's undue delay in filing a futile fraud claim, and holds that Respondent has priority based on the constructive first use date of its application.
Sierra Sunrise Vineyards v. Montelvini S.P.A.,
Cancellation No. 92048154 (TTAB 2008)
TTAB grants cancellation of a registration on fraud grounds based upon registrant's false statement in its Section 8/15 declaration claiming use on all listed goods.
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