Trademark Law Briefs

ATM Expresss, Inc. v. ATM Express, Inc, 2009 U.S. Dist. LEXIS 83756 (S.D. Ca. 2009)

Plaintiff began using name in 1997.  Defendant began using name in 1999.  Plaintiff learned of Defendant’s use in 2001, filed for trademark in 2003, and sued defendant in 2007.  Court ruled in favor of Defendant’s Motion for Summary Judgment based on its laches defense. (more…)

CTF Development, Inc. v. Penta Hospitality, LLC, 2009 U.S. Dist. LEXIS 79757 (N.D. Cal. 2009)

After being sued by Plaintiff, Defendant started a TTAB action to cancel Plaintiff’s mark based on false statements in Plaintiff’s statement of use.  On Plaintiff’s motion, TTAB stayed its proceedings pending the district court outcome.  Defendant sought to stay the district court proceedings instead.  Because the TTAB proceedings were already stayed, the District Court denied the motion to at least allow discovery which would benefit either proceeding. (more…)

Dancesport Videos, LLC v. Ediza Online, Inc. et al.  2009 U.S. Dist. LEXIS 78971 (S.D. Cal. 2009)

The court granted Plaintiff’s ex parte motion for seizure of defendant’s videos bearing counterfeits of Plaintiff’s ”Core Rhythm” trademarks and containing of Plaintiff’s copyrighted material.