Trademark Law Briefs

 Sleep Science Partners v. Lieberman and Sleeping Well, LLC, 2010 U.S.Dist LEXIS 45385 (N.D. Cal. 2010)

Plaintiff sued Sleeping Well, LLC for misappropriating its online sales method and its advertising.  Sleeping Well filed a motion to dismiss primarily based on lack of specificity and preemption by Copyright Act and California Uniform Trade Secrets Act (CUTSA).  The court commented in depth on each cause of action challenged. (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…)

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…)