Trademark Law Briefs

Franklin Mint Company v. Manatt, Phelps & Phillips, LLP (2010) 184 Cal.App.4th 313

Court of Appeal says that the defendant lawfirm’s claims based on trademark rights in the name Princess Diana lacked probable cause under a malicious prosecution anaylsis because her name is so clearly descriptively associated with her as a person that the lawfirm should never have argued her name acted as a trademark for her charitable services.

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Sand Hill Advisors, LLC v. San Hill Advisors, LLC 2010 U.S. Dist. LEXIS 5935 (N.D. Cal. 2010.)

Plaintiff, Sand Hill Advisors, LLC (registered in DE) offer wealth management services in the Silicon Valley area and have an office on Sand Hill Road, a road known for venture capitalists.  Defendant, Sand Hill Advisors, LLC (registered in CA) purchase real estate on behalf of the owners, Sandell and Hill.

Plaintiff filed suit for trademark infringement against Defendant when Plaintiff could not register as a foreign LLC in California.  The court granted defendant’s motion for summary judgment on the grounds that Sand Hill Advisors, as used by plaintiff, was geographically descriptive. (more…)

Ruiz Food Products v. Camino Real Foods, Inc., 2009 US Dist. LEXIS 105941 (E.D. Cal. 2009)

Plaintiff alleged that Defendant’s new packaging for burritos (sold in multi-burrito packages) infringed on its trade dress.  Plaintiff filed for a preliminary injunction.  The court compared the packaging in question and determined that a preliminary injunction was not warranted but invited Plaintiff to refile the motion if it discovered evidence of actual confusion or evidence of a higher the degree of care in purchasing of Mexican food. (more…)

Mortgage Electronic Registration Systems, Inc. v. Brosnan et al., 2009 U.S. Dist. LEXIS 87596 (N.D. Cal. 2009)

Defendants set up corporations in California and elsewhere using a name nearly identical to Mortgage Electronic Registration Systems, Inc. (MERS).  After receiving service intended for MERS, defendants contacted MERS offering to send the legal documents on in exchange for fees.  MERS sought a preliminary injunction based on trademark infringement.

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Art Attacks Ink, LLC v. MGA Entertainment Inc., 2009 U.S.App. LEXIS 20757 (9th Cir. 2009)

Plaintiff produces airbrushed shirts featuring the Spoiled Brats “cartoonish, predominantly femal characters with oversized eyes, disproportionately large heads and feet, makeup, and bare midriffs.”  Plaintiff sued Defendant, the manufacturer of the Bratz dolls featuring heavy makeup, overzied eyes, heads, and feet and bare midriffs, for trademark infringement, trade dress, and copyright.  The jury ruled for Defendant on trademark infringement but could not reach a verdict on the other issues.  Defendant moved for a judgment as a matter of law under Federal Rule 50(b). (more…)