Trademark Law Briefs

City of Carlsbad v. Shah, 2009 US Dist.  96890 (SD Cal 2009)

Plaintiffs announced the name “The Crossings at Carlsbad” for a new community golf course in October 2006.  On November 21, 2006, Defendant registered a number of domain names featuring variations on “the Crossings at Carlsbad.”  Beginning on November 30, 2006 he filed for several intent to use trademark applications in the name for golf related items and a golf course itself.  Plaintiff’s filed for trademarks in the name and associated logo beginning on July 16, 2007.  Plaintiffs filed a partial motion for summary judgment for a declaratory judgment regarding trademark rights.  The court granted the motion for summary judgment and authorized the USPTO to register Plaintiffs’ pending applications and deny registration of Defendant’s applications. (more…)

Rhoades V. Avon, 2007 US App LEXIS 24096 (9th Cir. 2007).  Decided October 15, 2007

Ruling: TTAB proceedings do not need to be completed as a prerequisite to bringing a declaratory action in Federal Court to determine whether one mark infringes another.
Threat of litigation made in settlement discussions are not inadmissible under Federal Rule of Evidence 408. (more…)