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Lous Vuitton Malletier S.A. v. Akanoc Solutions, Inc. et al., 2011 U.S.App. LEXIS 18815 (9th Cir. 2011) Malletier sued the server hosts of websites that sold counterfeit goods in the US. At jury trial, all defendants were found guilty of contributory copyright and trademark infringement.* The...
In re Forchion 2011 (2011) Cal.App.LEXIS 1144 Marijuana activist Forchion who goes by the moniker “NJWeedman” attempted to officially change his name to “NJWeedman.com.” The Court of Appeal says no go- partially on trademark grounds. The court said it would cause confusion...
Two recent Northern District of California cases have applied the new Winter preliminary injunction standard in the trademark context. Before 2008, the plaintiff in a trademark infringement case was entitled to a presumption of irreparable harm upon a showing of likelihood of success on the...
This is neither a trademark case nor a California case, but I think the folks at techdirt raise some interesting food for thought… What What (In the Butt)? What What (Fair Use Doesn’t Need a Trial)?This is neither a trademark case nor a California case, but I think the folks at techdirt...
Rodriguez-Valencia v. Holder, 99 U.S.P.q.2D (BNA) 1476 (9th Cir. 2011) The 9th circuit upheld an immigration judge’s order finding defendant removable after he was convicted for “‘willfully manufacturing, intentionally selling, and knowingly possessiong for sale more than 1,000...
Keep A Breast Foundation v. The Seven Group, 2011 US Dist. LEXIS 83004 (S.D. Cal.) Plaintiff sued defendant for trademark infringement, including claims based on trade dress and California unfair business practices. Defendant moved to dismiss these claims. The court granted in part and denied in...
Apple Inc. v. Samsung Electronics Co., 2011 U.S. Dist. LEXIS 65679 Apple sued Samsung for trade dress infringement on its iPhone and iPad product line. Apple sought expedited discovery before a hearing for a preliminary injunction. Samsung asked for reciprocal expedited discovery. While the...
Network Automation, Inc. v. Advanced Systems Concepts 638 F.3d 1137 (9th Cir. 2010) Some more direction on keyword cases. Both companies sell directly competing software programs. Network Automation used Advanced System’s registered trademark as a keyword for sponsored link advertisements...
A party can challenge the lawfulness of prior user’s use where prior user fails to follow labeling laws related to the product
The Wine Group LLC v. L and R Wine Company, 2011 U.S. Dist. LEXIS 35405 (E.D. Cal. 2011) After Plaintiff, TWG, sued defendant, LR, for trademark infringement, LR brought a counterclaim for cancellation of TWG’s registration based on priority of use. TWG answered with an affirmative defense...
Innospan Corp. v. Intuit, Inc., 2011 USDist LEXIS 29122 (N.D. Cal. 2011) You know, I usually wouldn’t bother posting on a case like this, but 9th cir. trademark related cases have been a little light lately… So in brief, you can’t plead that your trademark was conversion of...