Trademark Law Briefs

Internet Specialties West, Inc. v. Milon-Digiorgio Enterprises 2009 US App. LEXIS 5454 (March 17, 2009)

Ruling: Laches runs from when the plaintiff knew, or should have known, about the likelihood of confusion between domain names- which means being aware of potential conflict.  A plaintiff cannot wait for the evidence of actual conflict.  However, for a successful laches defense, the defendant must still show prejudice from the delay which means not just that its business has grown but that it has invested in the actual brand identity of the mark.  (more…)

Curren  v. San Diego Painting, 2009 Cal. App. Unpub. LEXIS 1856
March 4, 2009
California Court of Appeal, Fourth District, 1^st Division

Ruling: Trial Court did not err by granting a permanent injunction preventing plaintiff from using the geographically generic trade name “San Diego Painting” under California unfair competition law based on Defendant’s showing of secondary meaning.  (Unpublished Opinion) (more…)