The Supreme Court declined to review a Federal Circuit decision holding that a consumer and law professor lacked statutory standing to challenge the registration of RAPUNZEL as a trademark for dolls, leaving in place a strict rule requiring trademark challengers to show a direct commercial injury.
The Eleventh Circuit reversed dismissal and held that cease-and-desist letters sent on false claims of trademark ownership can establish personal jurisdiction under both the effects test and minimum contacts analysis.
A federal court in D.C. held that when a plaintiff sues for trademark infringement, the defendant may counterclaim for a declaratory judgment that the plaintiff lacks exclusive rights in a component term of the asserted marks — and that diverted donations suffice for standing.
The Federal Circuit affirmed the TTAB dismissal of cigar maker Fuente Marketing Ltd.s opposition to a vape-pen design mark, holding that despite overlapping goods and channels, the distinct commercial impression of Vaporous Technologies stick-figure design mark defeated likelihood of confusion with
Orange County Superior Court sustains demurrer on Cal. Bus. & Prof. Code section 14245 trademark infringement and section 14247 dilution counts for ambiguous mark identification, missing state registration, and conclusory scienter allegations, while allowing a conversion claim premised on a tra
Orange County Superior Court dismisses four federal trademark cancellation counts without leave to amend, holding that newly added Bus. & Prof. Code section 17500 and 17200 claims are merely repackaged ownership disputes that do not qualify as causes of action ‘involving a trademark regis
A federal court in California dismissed Pepperdine University’s trademark suit against Netflix, holding that the fictional “Los Angeles Waves” basketball team in the Running Point series is protected artistic expression under the Rogers v. Grimaldi test.
A Northern District of California judge dismissed two of three trademark infringement claims against AI startup Glean Technologies, finding that the plaintiff’s own registrations showed later first-use dates than the defendant’s alleged first use, while preserving the oldest mark with 20
Germany’s Federal Court of Justice held that the name of the James Bond character “Miss Moneypenny” does not enjoy independent work-title protection under § 5(1) and (3) German Trademark Act, because the fictional figure lacks the visual individuality and standalone fame required t
A Pennsylvania federal court upheld a $28,000 jury verdict for Penn State in its long-running trademark suit against vintage-merch retailer Vintage Brand, treating initial interest confusion not as a standalone doctrine but as one way to satisfy the standard multi-factor confusion analysis.