March 2010 Issue
Civil Cases
Doctor’s Assocs., Inc. v. QIP Holders LLC,
2010 WL 669870 (D. Conn. Feb. 19, 2010)
District of Connecticut denies summary judgment on Subway’s claims that Quiznos’ “2x the meat” advertisements are false and misleading, citing multiple disputed issues of fact ripe for jury consideration.
Gallup, Inc. v. Bus. Research Bureau (Pvt.) Ltd.,
2010 WL 545857 (N.D. Cal. Feb. 11, 2010)
In a dispute between U.S. and Pakistani polling companies both named Gallup, the district court declined to extend jurisdictional reach of the Lanham Act to Pakistani defendant where defendant’s activities were exclusively extraterritorial and parties were engaged in a contemporaneous infringement action in Pakistan.
Office Depot Inc. v. Zuccarini,
2010 WL 669263 (9th Cir. Feb. 26, 2010)
Ninth Circuit holds that a judgment creditor may levy against a domain name in the jurisdiction where the domain name registry is located, even if the domain name registrar is located in a different jurisdiction.
Wolf Appliance, Inc. v. Viking Range Corp.,
2010 WL 546782 (W.D. Wis. Feb. 11, 2010)
Western District of Wisconsin grants preliminary injunction against Viking for its use of Wolf’s distinctive red knobs.
Finnegan Articles
Losing Grip on the FRISBEE
Use of Software License After Merger Was an Unauthorized License Transfer and Copyright Infringement
Events
IPAG U.S. Trademark Law Seminar, April 27, 2010
hosted by Chartered Institute of Patent Attorneys
IPAG U.S. Trademark Law Seminar, April 29, 2010
hosted by Chartered Institute of Patent Attorneys
Ethics in the Practice of Intellectual Property Law
hosted by John Marshall Law School
TTAB Cases
Citigroup Inc. v. Capital City Bank Group, Inc.,
Opp. No. 91177415 (TTAB Feb. 17, 2010)
Despite the fame of Opposer’s CITIBANK marks and Applicant’s use of its CAPITAL CITY BANK marks for essentially identical financial services, the TTAB finds no likelihood of confusion because of the “significant differences” between the marks and the absence of any actual confusion where the parties had offered their services in the same geographic locations for many years.
Safer, Inc. v. OMS Investments, Inc.,
Opp. No. 91176445 (TTAB Feb. 23, 2010)
TTAB expands types of documents that can be submitted as publicly available printed publications under notice of reliance to include materials obtained from the Internet, provided that they bear the date of publication or printing, and information as to their source (e.g., URL).
Qualcomm Inc. v. FLO Corp.,
93 USPQ2d 1768 (TTAB Feb. 25, 2010)
TTAB holds, following In re Bose, that because intent is a required element to be pleaded for a claim of fraud, allegations that a party made material representations of fact that it “knew or should have known” were false or misleading are legally insufficient to support a fraud claim.
