Trademark Law Briefs

2007 U.S. App. LEXIS 25726 (9th Cir. 2007).  Decided November 5, 2007

Ruling: Because of the way internet search engines interpret text, the mark “Perfumebay” and “Perfume-bay” infringe and dilute the mark “eBay”. However, the mark Perfume Bay does not. (more…)

2007 US Dist LEXIS 80594 (ED Cal. 2007).  Decided October 31, 2007

Ruling: Defendant’s 12(b)(6) motion against Plaintiff’s cause of action for trademark infringement based on genericism denied because whether Plaintiff’s mark is generic is a question of fact meaning a triable issue of fact exists. (more…)

2007 US Dist LEXIS 83150 (ND Cal. 2007).  Decided October 29, 2007.

Ruling: Defendant’s law firm disqualified in trademark litigation where an attorney at the law firm had previously represented Plaintiff as in house counsel.  Defendant law firm not permitted to send any work product to Defendant’s replacement counsel. (more…)

Rhoades V. Avon, 2007 US App LEXIS 24096 (9th Cir. 2007).  Decided October 15, 2007

Ruling: TTAB proceedings do not need to be completed as a prerequisite to bringing a declaratory action in Federal Court to determine whether one mark infringes another.
Threat of litigation made in settlement discussions are not inadmissible under Federal Rule of Evidence 408. (more…)