Trademark Law Briefs

All One God Faith, Inc. v. Organic and Sustainable Industry Standards, Inc. (2010) 183 Cal.App.4th 1186

Plaintiff, (trade name “Dr. Bonner”) sells organic health and beauty products that comply with the voluntary standards of the USDA National Organic Program (NOP).  Defendant (”OASIS”) is a mutual benefit trade group who is designing its own organic standard to be used as a certification on member products.  Dr. Bonner filed suit seeking an injunction against OASIS based on unfair competition and misleading advertising because Dr. Bonner alleges the OASIS standards do not meet the NOP standards.  OASIS filed a anti-slapp motion claiming the complaint attacks its free speech activitie.  The trial court denied the motion and the Court of Appeal affirmed. (more…)

ProtectMarriage.com - Yes on 8 v. Courage Campaign, 2010 U.S. Dist. 10045 (E.D. Cal., 2010)

Plaintiff sought a preliminary injunction based on trademark infringement.  The court denied the injunction, holding that Plaintiff was “unlikely to overcome the conclusion that defendant’s use of the mark is protected under the first amendment, in that the use is relevant to an expressive parody and the use is not explicitly misleading.” (more…)

Hilton v. Hallmark 580 F.3d 874 (9th Cir. 2009)

Hallmark produced a card depicting a photograph of Paris Hilton’s head on a cartoon figure and using Hilton’s catchphrase “That’s Hot.”  Hilton sued Hallmark under several causes of action including California’s right to publicity law.  Hallmark moved to strike on Anti-SLAPP grounds.  The district court denied the motion and Hallmark appealled.  The Court of Appeals upheld the district court decision. (more…)

Yeager v. Cingular Wireless LLC, 2008 US Dist. LEXIS 46449 (E.D. Cal. 2008)