Trademark Law Briefs

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…)

ATM Expresss, Inc. v. ATM Express, Inc, 2009 U.S. Dist. LEXIS 83756 (S.D. Ca. 2009)

Plaintiff began using name in 1997.  Defendant began using name in 1999.  Plaintiff learned of Defendant’s use in 2001, filed for trademark in 2003, and sued defendant in 2007.  Court ruled in favor of Defendant’s Motion for Summary Judgment based on its laches defense. (more…)

CTF Development, Inc. v. Penta Hospitality, LLC, 2009 U.S. Dist. LEXIS 79757 (N.D. Cal. 2009)

After being sued by Plaintiff, Defendant started a TTAB action to cancel Plaintiff’s mark based on false statements in Plaintiff’s statement of use.  On Plaintiff’s motion, TTAB stayed its proceedings pending the district court outcome.  Defendant sought to stay the district court proceedings instead.  Because the TTAB proceedings were already stayed, the District Court denied the motion to at least allow discovery which would benefit either proceeding. (more…)

American Automobile Association v. HCM Brothers, Inc. d/b/a Cedar Inn & Suites et al.  2009 U.S. Dist. LEXIS 79095 (E.D. Cal. 2009)

The American Automobile Association obtained a default judgment against a hotel that displayed its trademarks on its premises without authorization.  Plaintiff was granted $684.35 in costs and $11,098.50 in attorneys fees.