Susan and Robert Johnson filed a state civil suit making multiple claims against several defendants as a result of allegedly defamatory statements posted on an internet discussion board. The defendants removed the case to federal court. The original complaint included six defendants; however, the Jo...
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In February 2007, Victoria’s Secret ran a one-month marketing campaign promoting its new line of BEAUTY RUSH product. As part of that promotion, Victoria’s Secret stores sold or gave away a hot pink tank top with the word “Delicious” written across the chest in silver typescript. Fortune Dyn...
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The same year Huey Lewis and the News informed America that it’s “Hip To Be Square”, Clemens Franek sought to trademark the circular beach towel. His company, CLM Design, Inc., pitched the towel as a fashion statement—“the most radical beach fashion item since the bikini,” declared one a...
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For more than 80 years, Clarin has been making x-frame folding chairs. In 1999 it applied for registration of one particular x-frame design as a trademark. The Patent and Trademark Office issued Registration No. 2,803,875 in January 2004. This is the registered mark:
Sensient Flavors appeals the district court's grant of summary judgment in favor of SensoryEffects Flavor Company, formerly known as SensoryFlavors. On appeal, Sensient Flavors contends the district court erred in concluding the SensoryFlavors mark was not "used in commerce" as defined by the Lanham...
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Plaintiffs General Conference Corporation of Seventh-day Adventists (“General Conference Corporation”) and General Conference of Seventh-day Adventists (“General Conference”) sued Walter McGill for trademark infringement based on McGill’s use of their protected marks in advertising and pro...
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Sensient Flavors appeals the district court's grant of summary judgment in favor of SensoryEffects Flavor Company, formerly known as SensoryFlavors. On appeal, Sensient Flavors contends the district court erred in concluding the SensoryFlavors mark was not "used in commerce" as defined by the Lanham...
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Advertise.com, Inc., appeals the district court’s entry of a preliminary injunction barring it from using a designation or trade name that is confusingly similar to Appellees’ (“AOL”) ADVERTISING.COM mark. We have jurisdiction under 28 U.S.C. § 1292(a)(1). We reverse and vacate the prelimin...
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Inliten, LLC (collectively JLJ) sued Santa’s Best Craft, LLC (SBC) over its marketing of “Stay-On” lights. The present case is about an insurer’s duties to SBC and others in that underlying action.
JLJ alleged that SBC copied JLJ’s “Stay Lit” lights packaging design and that SBC sol...
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Sabinsa Corporation appeals the District Court’s judgment in favor of Creative Compounds, LLC, on Sabinsa’s trademark infringement and unfair competition claims. The District Court found that there was no likelihood of confusion between Sabinsa’s mark, ForsLean, and Creative Compounds’s mark...
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