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 Lok. Here are the two products side by side (Schutte on the left, Kwik Lok on the right):
Citibank Sues AT&T for Trademark Infringement of “Thank You” Branded Loyalty Program
Citibank today filed a trademark suit against AT&T, alleging that AT&T is launching a customer loyalty program called “AT&T thanks” that is confusingly similar to the Citibank’s own “Thank You” program. The two logos from the complaint are below.
A judge has not yet been assigned.
Salvatore Ferragamo Brings Trademark Claims Against Former NFL Quarterback’s Ferragamo Winery
Today, Salvatore Ferragamo S.p.A. filed a complaint against former NFL quarterback Vincent Ferragamo (who led the LA Rams to Super Bowl XIV as a rookie in 1980) and his Ferragamo Winery near Los Angeles. While Salvatore Ferragamo does not currently license its name for wines, it had previously done so in the U.S. in the 1980s. Ferragamo (the Italian fashion brand) claims that Ferragamo (the winery) creates consumer confusion and violates Salvatore Ferragamo’s U.S. trademarks:
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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
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 jurisdiction and effectively move the case to state court.
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Judge Rakoff: Lanham Act Cannot Be Used to Deem Foreign Trademarks Abandoned
In an opinion today, Judge Rakoff dismissed a case in which a company holding a perpetual license to the “Del Monte” trademarks for fresh fruits a vegetables alleged that the nominal owner had abandoned all foreign trademarks, so as to render them invalid under the Lanham Act. Although there are various instances in which the Lanham Act can apply outside the U.S., Judge Rakoff ruled that it would be “grossly intrusive” for the Lanham Act to go so far as to render foreign trademarks invalid:
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Stella McCartney Accuses Steve Madden of Selling “Poorly Made” Knockoff Handbags
The complaint, filed Tuesday and pending before Judge McMahon, is here. Here are two of the pictures from the complaint comparing the bags:
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 not acquired “secondary meaning” and thus was not protectable:
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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, determined that those papers were served too late:
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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 opinion yesterday concluded that, under Russian law, the decree nonetheless failed to cure the standing problem, but she expressed discomfort with having to resolve an important Russian law question of first impression:
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