Tag Archives: Trademark

Complaint: Call of Duty Video Game Infringes Trademarks by Pervasively Featuring Humvees

In a complaint filed yesterday, the makers of Humvee branded vehicles (AM General) accused the makers of the Call of Duty video games of trademark infringement (and of related violations) because the games prominently feature Humvees: Defendants have used and continue to use AM General’s trademarks and trade dress in advertising and promotion of their … Continue Reading

Peter Luger Brings Trademark Claims Against Similarly-Named Rival

Last week, iconic Brooklyn steakhouse Peter Luger filed an action against a similarly-named rival.  The defendant, Carl von Luger, operates a steakhouse in Scranton, Pennsylvania, with plans to expand to Florida.  Peter Luger, in business since 1887, claims that the defendant attempted to create a false association between the steakhouse brands.  The complaint includes claims … Continue Reading

Judge Oetken: Preliminary Injunction Winner in Trademark Case Cannot Direct Third Party Retailers to Stop Selling the Accused Product

In an opinion today, Judge Oetken clarified a preliminary injunction granted to the maker of a product called “My Cinema Lightbox,” a backlit sign similar to old-fashioned movie theater displays (see image below), against a similar product called “My Marquee Lightbox.”   After winning its motion for a preliminary injunction, the plaintiff  began instructing retailers that … Continue Reading

Second Circuit Affirms Summary Judgment in Trademark Case Against Oprah

This week, the Second Circuit affirmed Judge Crotty’s grant of summary judgment dismissing trademark claims against Oprah Winfrey over use of the phrase “Own Your Power” (see our previous coverage here).  The Second Circuit agreed with Judge Crotty that use of the phrase “Own Your Power” was fair use and did not infringe on the name … Continue Reading

Judge Castel Dismisses RICO Claims in Case Over Alibaba Selling Counterfeit Goods

Today, Judge Castel dismissed RICO claims brought against Alibaba Group Holding by a group of luxury goods makers including Gucci and Yves Saint Laurent.  The complaint accused Alibaba of providing services and a market platform to merchants that Alibaba should have known were selling counterfeit goods. Judge Castel specifically considered the plaintiffs’ claims that Alibaba’s … Continue Reading

Italian Fashion Company Accuses Ivanka Trump of Making Copycat Shoes

Yesterday, Italian fashion company Aquazurra filed a complaint against Ivanka Trump and her partner Marc Fisher over shoes that allegedly infringe on Aquazurra’s designs.  Trump’s company markets a red “Hettie” shoe that Aquazurra claims infringes on its famous “Wild Thing” shoe (pictured here): Aquazurra alleges that at least two other Trump shoes infringe on Aquazurra’s designs.  … Continue Reading

Judge Koeltl Rejects Trademark Protection for Small Plastic Squares that Close Bread Bags

In a trademark opinion yesterday, Judge Koeltl granted judgment following a bench trial in favor of a Dutch company, Schutte, that makes “bag closures”  — the “small plastic closures that are used to close bags of pastries, bread, and fruit.”  Schutte sought to cancel the trademark protection of the dominant U.S. maker of bag closures, Kwik … Continue Reading

Beyoncé Files Complaint Against Seller of “Feyonce” Products

Yesterday, Grammy Award-winning artist Beyoncé filed a complaint against Feyonce Inc., a Texas-based company whose products include plays on Beyoncé’s name and song lyrics.  According to the complaint, Feyonce’s products are strikingly similar to those bearing Beyoncé’s name: The complaint alleges that Feyonce products infringe on trademarks and misappropriate Beyoncé’s superstar status without permission.  The … Continue Reading

Judge Gardephe Allows Plaintiff to Dismiss Own Federal Patent Claims Against Chobani But Preserves Federal Jurisdiction

In an opinion this week, Judge Gardephe granted the plaintiffs’ motion to dismiss their own federal trademark claims, but found that the defendants’ declaratory judgment counterclaims were enough to preserve federal jurisdiction.  Defendant Chobani had alleged that the dismissal of the federal law claims was simply a tactic for the plaintiffs to attempt to defeat federal subject matter … Continue Reading

Judge Crotty Dismisses Trademark Case Against Oprah Over Phrase “Own Your Power”

In an opinion Thursday, Judge Crotty granted Oprah Winfrey summary judgment in a case that was brought by a  motivational speaking business, Own Your Power Communications, Inc., and that accused Ms. Winfrey of wrongfully using the phrase “Own Your Power” in her magazine, on her website and elsewhere.  Judge Crotty found that the mark had … Continue Reading

Judge Cote Employs Forensic Examination to Determine Brief Was Served Too Late

In an opinion today, Judge Cote granted Tory Burch summary judgment in a case concerning knock-off merchandise.  The motion was deemed unopposed based the defendants’ misconduct, including spoliation and fabrication of evidence.  In a particularly notable passage, the opinion discloses that the Court ordered a forensic examination of the defendants’ opposition papers, and, from that examination, … Continue Reading

Judge Scheindlin Urges Congress to Adopt Process to Certify Novel Questions of Foreign Law

In an opinion yesterday, Judge Scheindlin dismissed for lack of standing claims brought by a plaintiff (“FTE”) claiming that the defendants had misappropriated trademarks to the Stolichnaya vodka brand.  The Second Circuit held last year that FTE lacked standing, and the Russian Federation thereafter issued a degree apparently aimed at curing the issue.  Judge Scheindlin’s … Continue Reading

Judge McMahon Issues Preliminary Injunction to Block Unauthorized Use of “NYC Pride” to Promote Competing Pride Week Events

In an opinion today, Judge McMahon preliminary enjoined a company called Matinee from using the phrase and logo “NYC Pride” to promote events that compete with those of the plaintiff, Heritage, the organizer of the LGBT’s community’s annual gay pride march and rally, which are scheduled for later this month. Matinee’s competing events include a … Continue Reading

Judge Swain Allows Costco To Proceed With Defense That “Tiffany” Trademark Has Become Generic

In an opinion today, Judge Swain denied Tiffany’s pre-discovery summary judgment motion in a suit it brought against Costco for trademark infringement. She found that there were fact questions as to whether, as Costco contends, the trademark “Tiffany” has become a generic term for certain types of ring settings: In support of its argument that … Continue Reading
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