Trademark Law Briefs

a summary of recent 9th Circuit trademark decisions

Archive for December, 2009

Eat at Joe’s?

Wednesday, December 16th, 2009

Original Joe’s Inc. v. Pinsonneault Holdings, LLC, 2009 U.S.Dist. LEXIS 115713 (N.D. Cal. 2009.) 

Original Joe’s Inc., owner of Joe’s Original in San Francisco, brought suit for trademark infringement against the company running “Uptown Joe’s” in the Hotel Majestic in San Francisco.  Plaintiff sought a temporary restraining order and preliminary injunction pending outcome of the case.

The court applied the Sleekcraft factors and then denied the request for injunction. (more…)

Posted in likelihood of confusion | No Comments »

Not a brief yet but…

Thursday, December 10th, 2009

According to the San Diego Union Tribune, San Diego Charger’s linebacker Shawne Merriman has filed a trademark and copyright lawsuit against Tila “Tequila” Nguyen for using his “Lights Out” trademark and interfering with his business relationships. 

San Diego news outlets buzzed last September when Tequila accused Merriman of abuse (no charges were filed).  I have to admit, I’ll be watching for decisions on this one.  I promise to povide unbiased comments on the law, despite the fact that I am a fan of both the Chargers (got that Denver readers?) and E!’s The Soup.

Posted in Uncategorized | No Comments »

Promotional Press Releases are Commercial Speech

Wednesday, December 9th, 2009

General Charles E. “Chuck” Yeager (Ret.) v. Cingular Wireless LLC et al., 673 F.Supp.2d 1089 (E.D. Cal. 2009)

Back in July of 2008, TMLB reported on a case between Gen. Chuck Yeager and AT&T.  Cingular (acquired by AT&T) referenced Yeager’s breaking the sound barrier in a press release on its technology to provide cellular service after disasters.  Yeager sued based on missappropriation of his likeness and AT&T demurred.  The court ruled Yeager had pleaded sufficiently and denied AT&T’s motion.  Read the original post here.

Well, AT&T is back and this time, it’s aiming an MSJ. (more…)

Posted in California law, False Endorsement, likelihood of confusion | No Comments »

Use it or lose it- Display the (R) symbol to get damages

Wednesday, December 2nd, 2009

Coach, Inc. v. Asia Pacific Trading Company, et al. 2009 US Dist. LEXIS 110903 (N.D. Cal. 2009)

Plaintiff Coach, Inc. sued Defendant Sunglass Experts, Inc. for selling counterfeit goods.  Plaintiff sought summary judgment on the issue of counterfeiting.  Defendant sought summary judgment to limit damages.  The court granted summary judgment in part for Plaintiff and entirely for Defendant (more…)

Posted in Counterfeiting, statutory damages | No Comments »

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