File this next to last month’s RISE case in the Second Circuit, under “Brands with strong housemarks defeat reverse confusion claims.”
But see the 11th Circuit Amazon FYRE case.
Text of Align Activation v LuluLemon Athletica, 21-55775 (Ninth
Martin Schwimmer
Leason Ellis is a law firm specializing in intellectual property law, including patent, trademark, copyright, and litigation services. The firm provides legal representation and counsel related to IP protection and enforcement. Its publications and blog posts typically cover recent court decisions, procedural developments, and legal analysis in areas such as defamation, trademark infringement, anti-counterfeiting litigation, and trade secrets. The content often includes detailed case summaries and commentary on procedural rules and evidentiary standards relevant to IP and related commercial disputes. Leason Ellis serves clients seeking expertise in protecting and litigating intellectual property rights.
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2d Cir reverses injunction against Pepsi re MTN DEW RISE for energy drink
RISE for nitro-brewed canned coffee against MTN DEW RISE for energy drink. 2d Circuit held that District Court made a significant error in holding that RISE was inherently string and had acquired strength.
Text of Second Circuit decision in RiseandShine…
D Arizona: SJ granted dismissing RAW (tobacco, rolling papers) v RAW GARDEN (cannabis extracts)
BBK Tobacco & Foods LLP, Plaintiff, v. Central Coast Agriculture Incorporated, et al., Defendants, No. CV-19-05216-PHX-MTL (07/19/2022)
Defendant’s motion for summary judgment granted. Def. uses RAW GARDEN for cannabis extracts, plaintiff sells tobacco and rolling paper under the RAW mark.…
SDNY: Mattel v Fisher-Price.Online – Default Judgment (Including Asset Freeze) Against Unknown Foreign Counterfeiter
MATTEL, INC. v. WWW.FISHER-PRICE.ONLINE, No. 1:2021cv09608 (S.D.N.Y. 2022) (Liman, J.)
Mattel wins default judgment over unknown Chinese cyber-squatter/counterfeiter.
Personal jurisdiction established through attempt at trap-buy.
TRO had been entered against financial institution, permanent asset freeze entered against institutions in active…
Strawberry Pop-Tart Situation Sorted Out by SDNY
Russett v. Kellogg Sales Company, No. 7:2021cv08572 – Document 19 (S.D.N.Y. 2022)
Motion to Dismiss all causes, including N.Y. G.B.L. §§ 349 and 350 and related state torts granted:
“The photograph of the fresh half strawberry on the Product’s front…
Text of Decision in Walkie Check v Viacom, SDNY decision denying MtD in Copyright Action Regarding “House Party” Show
From the decision: Defendants’ Motion to Dismiss Plaintiff’s Complaint. filed by BET Productions IV, LLC, ViacomCBS Inc., Black Entertainment Television LLC. For the foregoing reasons, Defendant s’ motion to dismiss is GRANTED IN PART and DENIED IN PART. Plaintiff has…
Text of decision in Hermes v Rothschild (MetaBirkins) denying Motion to Dismiss
SDNY: Judge Rakoff applies Rogers test to METABIRKIN NFTs. Plaintiff sufficiently pled that use of BIRKINS mark in relation to digital images of MetaBirkins likely clears “artistic relevance” prong. However, Hermes sufficiently pled that defendant’s use may have been explicitly…
Recent @trademarkblog tweets and retweets
I’ve spent the past year and a half learning about Amazon’s—opaque, complex, ever-shifting—marketplace, from people who sell through it, from all over the world. Here’s my first piece about where most of most of what USians buy online comes from:…
CD Cal: Trade Dress in Microphones – Audio Technica v Music Tribe – Prelim Denied
Plaintiff and Defendant manufacture microphones (pictured above, plaintiff’s on the left). Plaintiff define its trades dress as:
(1) two vertical bars on either side of the microphone with two circular enclosures near the top and bottom, (2) a small…
CD Cal: Intermediate Liability: ConsumerDirect, Inc. v. Pentius, LLC et al
Text of CD Cal decision in ConsumerDirect v Pentius: