News & Analysis as of

Motion to Dismiss Likelihood of Confusion

Knobbe Martens

Minority Owners of a Trademark Registrant, Who neither Use nor Possess Ownership Rights in the Mark, Cannot Seek Cancellation of...

Knobbe Martens on

Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Summary: Parties that own minority shares in the trademark registrant, but do not separately use or possess an ownership right in...more

Lewitt Hackman

Franchisor 101: Hunka, Hunka Confusion

Lewitt Hackman on

A federal district court in Florida denied a former moving and junk hauling franchisee’s motion to dismiss claims of trademark infringement and unfair competition by franchisor College Hunks Hauling Junk (“CHHJ”)....more

McDermott Will & Emery

Just How Similar Must Competing Marks Be to Survive Dismissal?

McDermott Will & Emery on

After a de novo review, the US Court of Appeals for the Sixth Circuit affirmed in part and reversed in part a district court’s motion to dismiss, finding the competing marks sufficiently similar to avoid dismissal, and the...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - Cookie Co’s Motion to Dismiss Trademark Lawsuit by Restaurant Crumbles

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark dispute between a restaurant and a craft cookie maker, over the use of similar marks for cookies. ...more

Weintraub Tobin

The Briefing by the IP Law Blog: Cookie Co’s Motion to Dismiss Trademark Lawsuit by Restaurant Crumbles

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark dispute between a restaurant and a craft cookie maker, over the use of similar marks for cookies. ...more

McDermott Will & Emery

Eagle Eye on Attorneys’ Fee Award: Courts Must Apportion Award Based on Successful Claims

Addressing the standard of review for attorneys’ fee awards under the Lanham Act, the US Court of Appeals for the Fifth Circuit applied Highmark’s abuse-of-discretion standard, affirmed the district court’s exceptional-case...more

Shutts & Bowen LLP

Do You Need To Threaten Litigation To Trigger Declaratory Judgment Subject Matter Jurisdiction?

Shutts & Bowen LLP on

No. Erbaviva, LLC, a California LLC, sent a demand letter to Era Organics, a Florida company. The letter identified a number of Erbaviva federal trademark registrations, and “request[ed]” Era Organics: 1. Request the...more

Hogan Lovells

District Court in California recognizes plausible trademark rights over fictional Star Wars board game

Hogan Lovells on

(Case analysis: Lucasfilm Ltd. LLC v. Ren Ventures Ltd., N.D. Cal., No. 17-7249, 4/24/18) - To assert a successful infringement claim relative to a mark that has arguably never been used as a source identifier for “real...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - January 2015 #4

DISTRICT COURT CASES - Akin Gump Wins Section 101 Motion to Dismiss, Invalidating 887 Patent Claims - Following Supreme Court precedent set forth in Alice Corp. Pty. Ltd. v. CLS Bank International, Judge Sleet...more

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