Balough
August 29, 2016
(August 29, 2016) An appellate court found that Trader Joe’s may proceed with a trademark case in the United States against a Canadian citizen for trademark infringement in Canada. Michael Hallatt buys Trader Joe’s Company products in the United States, which he resells in a Canadian store he operates as Pirate Joe’s. Trader Joe’s, a […]
Balough
July 26, 2016
(July 26, 2016) A karaoke track distributor’s attempt to claim trademark infringement for what really was copyright infringement hit a sour note with the Seventh Circuit. Phoenix Entertainment Partners, formerly Slep-Tone, distributes karaoke accompaniment tracks under the trademark Sound Choice to bars. Because of changing technology, the company allows its customers to transfer the tracks […]
Balough
May 19, 2016
(May 19, 2016) The pleading stage is too early to resolve the food fight between two companies named Hyson over the Hyson trademark, the Seventh Circuit found. The issue is whether Hyson USA, Inc., the owner of a design mark for Hyson USA, acquiesced in allowing Hyson 2U, Ltd. to use the mark for the […]
Balough
March 3, 2016
(March 3, 2016) What do fishing tackle and butter have in common? Nothing, so there is no trademark infringement by either for using the same Land O’Lakes mark. In affirming the dismissal of competing trademark infringement claims, Seventh Circuit Judge Richard Posner said, “In this unusual case two firms sued each other though neither has […]
Balough
December 23, 2015
(December 23, 2015) The restrictions prohibiting the registration of trademarks that are scandalous, immoral, or disparaging violates the First Amendment and are unconstitutional, the Federal Circuit found. Section 2(a) of the Lanham Act bars the Patent and Trademark Office (PTO) from registering marks that consist of immoral, deceptive, or scandalous matters or which may disparage […]
Balough
October 28, 2015
(October 28, 2015) After apparently suffering its own confusion, the Ninth Circuit has withdrawn its opinion finding that Amazon.com’s search results caused initial interest confusion and now believes there is no confusion when the online retailer did not disclose that it does not offer the brand being searched. In its original opinion issued in July […]
Balough
July 7, 2015
(July 7, 2015) Amazon’s search results are creating enough confusion over a high-priced watch to require a jury to decide if there is trademark infringement, the Ninth Circuit found, reversing the trial court’s dismissal of the case. MTM Special Ops sells high-end, military-style watches manufactured by Multi-Time Machines, Inc. The watches are not sold on […]
Balough
April 9, 2015
You can’t trademark Mardi Gras Bead Dogs for jewelry, pastries, and clothing because the phrase is merely descriptive of traditional Mardi Gras beads (used in New Orleans) which are shaped into dogs. As a result, the Fifth Circuit affirmed a trial court’s summary judgment finding the trademarks invalid. Of course, the Fifth Circuit should know what’s […]
Balough
November 4, 2014
World Wrestling Entertainment, Inc. (WWE) may seize unauthorized merchandise sold around its live events without giving to the court in advance the names of those making the illicit sales. Whether the seizures may actually be made by the WWE’s “Enforcement Officials” or law enforcement officers will be up to the trial court, the Fifth Circuit […]
Balough
August 15, 2014
There is no trademark confusion between an actual computer program and a fictitious program with a similar name used in the Batman movie The Dark Knight Rises. The Seventh Circuit affirmed a trial court’s granting of a motion to dismiss a trademark infringement action brought by Fortres Grand Corporation, which argued that sales of its […]
