"Satisfied Customer" Claims Could Be False Endorsements

Famous Horse, the operator of brand-name retail clothing chain V.I.M., had standing to pursue Lanham Act false endorsement, trademark infringement, and false advertising claims against wholesalers of counterfeit Rocawear jeans for falsely stating, in the course of marketing products to other clothing sellers, that the store operator was a satisfied customer, the U.S. Court of […]

Paper Towel Dispenser Mark Not Infringed by Competitor

A manufacturer of paper towels and touchless paper towel dispensers under the brand name “enMotion” could not go forward with claims that a competitor engaged in contributory trademark infringement by marketing and selling to distributors a less-expensive paper towel product that was specifically manufactured to work in eMotion dispensers, the U.S. Court of Appeals in […]

Employee Acted in Bad Faith by Holding Domain "for Ransom"

A designer, manufacturer, and importer of men’s clothing was entitled to an award of $152,000 in damages from a former employee for violating the Anticybersquatting Consumer Protection Act, the U.S. Court of Appeals in San Francisco has held. The domain name for the designer’s website –www.eq-Italy.com –had been registered under the employee’s name. The site […]

U.S. Supreme Court Requests Response in Music Downloading Case

In a move indicating its interest in a music downloading case, the U.S. Supreme Court asked a record company to respond to a petition for certiorari asking the Court to decide whether “the inadvertent innocent infringer defense to copyright infringement should be eliminated for all Internet music downloading.” The record company, which had initially waived […]

Spanish Winery Barred from Using CRISTALINO on Cava

The mark CRISTALINO, as used on sparkling wine (cava) produced by a Spanish winemaker and imported into the United States by a consortium of Spanish wineries, was likely to be confused with a French winemaker’s CRISTAL marks for champagne, the federal district court in Minneapolis has determined. The Spanish winery was permanently enjoined from further […]

"Delicious" Tank Top Could Infringe Shoe Designer's Mark

A designer of footwear for young women under the mark DELICIOUS could pursue trademark infringement claims against intimate apparel retailer Victoria’s Secret in connection with a promotion in which Victoria’s Secret sold or gave away a hot pink tank top with the word “Delicious” written across the chest in a silver typescript, the U.S. Court […]

Ninth Circuit Finds First Sale Does Not Apply to Used Software Programs

The U.S. Court of Appeals for the Ninth Circuit has sided with the computer software industry and ruled that the first-sale doctrine does not apply to used software programs. Accordingly, the appeals court overturned the federal district court decision that allowed an online software reseller to resell second-hand software programs he purchased at garage and […]

Paper Towel Supplier Could Infringe Dispenser Maker's Brands

A manufacturer of paper towels and touchless paper towel dispensers under the brand name “enMotion” could go forward with claims that a competitor engaged in contributory trademark infringement by marketing and selling to distributors an inferior paper towel product that was specifically manufactured for use in enMotion dispensers, the U.S. Court of Appeals in Richmond […]

Transfer of "Bratz" Dolls Mark Portfolio to Mattel Vacated

A federal district court erred by imposing a constructive trust over all trademarks related to the “Bratz” line of collectible dolls, essentially transferring the Bratz trademark portfolio to toy company Mattel from competitor MGA, the U.S. Court of Appeals in San Francisco has held. The transfer prohibited MGA from marketing any Bratz-related product. A designer […]

Exemptions to Prohibition on Circumvention of Technological Measures

The Librarian of Congress has published a final rule announcing that the prohibition against circumvention of technological measures that effectively control access to copyrighted works shall not apply to persons who engage in noninfringing uses of the following six classes of copyrighted works: Motion pictures on DVDs that are lawfully made and acquired and that […]