Trademark Law Briefs

Collegesource, Inc. v. AcademyOne, Inc. 2009 U.S.Dist. LEXIS 75513 (S.D.Cal 2009)

Plaintiff (a California corporation) alleged a number of causes of action against defendant- including trademark infringement based on defendant’s alleged use of plaintiff’s trademarks as adwords.  Defendant, a Pennsylvania corporation, moved to dismiss based on lack of personal jurisdiction.  The district court agreed. (more…)

One Industries, LLC v. Jim O’Neal Distributing, Inc.  578 F.3d 1154 (9th Cir. 2009)

The appellate court upheld a district court summary judgment in favor of plaintiff and ruled that defendant could not tack it’s earlier use of a rounded O’ mark onto it’s current O’ mark.

  Defendant’s current mark

Plaintiff’s Mark

(more…)

Brighton Collectibels, Inc. v. Marc Chantal USA, Inc. 2009 US Dist LEXIS 72362

Plaintiff sued Defendant for trade dress infringement as well as infringement of its “Brighton” trademark for Defendant’s use of the mark “Bristol” and its dangling heart trademark.  Plaintiff prevailed on the trade dress claim, the jury finding that Defendant had willfully enggaged in infringment and unfair competition.  Defendant prevailed on the other infringment claims.  Part of the action was also voluntarily dismissed prior to trial.  Both sides requested, and were denied, attorneys fees.  (more…)