Trademark Law Briefs

Guru Denim, Inc. v. Hayes, 2010 U.S.Dist. LEXIS 52992 (C.D. Cal. 2010)

Plaintiff filed suit against defendant for allegedly selling a counterfeit “hoodie” bearing plaintiff’s trademark.  Plaintiff failed to prosecute the case diligently- letting it linger for 16 months before seeking a default (which defendant overcame based on questions of appropriate service) and then, at the pretrial conference, complained for the first time of defendant’s failure to participate in discovery and sought a continuance.  The court issued an order to show cause why plaintiff should not be sanctioned.  Plaintiff then informed the court that plaintiff’s counsel had misplaced the allegedly infringing hoodie.  As sanctions, the court dismissed the case with prejudicie, awarded defendant costs as the prevailing party, and sanctioned plaintiff’s counsel for the expenses incurred by defendant in attending the pretrial conference and sanctions hearing (defendant could not be awarded attorneys fees because he appeared pro se).

Apple Inc. v. Psystar Corporation, 2009 U.S. Dist. LEXIS 94019 (N.D. Cal. 2009)

Defendant sought discovery of Plaintiff’s profits which Plaintiff refused to turn over.  The Court denied Defendant’s motion to compel, finding that Plaintiff’s profits were irrelevant to the underlying suit and counter claims, including Plaintiff’s cause of action seeking an injunction for trademark infringement. (more…)

Hardy Life, LLC v. Nervous Tattoo, Inc., et al., 2008 US Dist. LEXIS 53934

Ruling: Plaintiff ordered to show cause why action should not be dismissed for improper venue and all discovery was stayed until such issue is resolved. (more…)

2007 US Dist LEXIS 92905 (CD CA 2007).  Decided December 18, 2007

Ruling: Recent consumer surveys conducted by a plaintiff mark holder are not relevant as to the commercial impression of the mark at the time that the defendant adopted the mark. (more…)