Trademark, Federal

State Courts, Trademark, Federal

Sadeghi v. Little American Businesses — California Court Holds Ownership-Repackaged FAL and UCL Counts Cannot Anchor 15 U.S.C. § 1119 Trademark Cancellation Jurisdiction

Orange County Superior Court dismisses four federal trademark cancellation counts without leave to amend, holding that newly added Bus. & Prof. Code section 17500 and 17200 claims are merely repackaged ownership disputes that do not qualify as causes of action ‘involving a trademark registration’ under 15 U.S.C. section 1119.

Other International (India), Trademark, Federal

Hindware v. Google — Delhi High Court Holds Google Liable for Trademark Infringement Through Keyword Advertising Program

The Delhi High Court issued a permanent injunction against Google and awarded damages, holding that Google’s auction of the registered trademark ‘HINDWARE’ as a biddable keyword in its Ads program constitutes trademark infringement and that Google does not qualify for safe harbour protection as an intermediary.

District Courts, Trademark, Federal

Impossible Foods v. Impossible X — Court Denies Laches Defense After Jury Finds Willful Trademark Infringement, Awards Fees and Permanent Injunction

After a jury found Impossible Foods willfully infringed a smaller company’s IMPOSSIBLE trademark on apparel and a cookbook, a federal judge denied laches, awarded attorney fees, and permanently enjoined Impossible Foods from using ‘Impossible’ as a standalone mark on apparel and cookbooks.

Federal Circuit, IP Law, Trademark, Trademark, Federal

Fuente Marketing v. Vaporous Technologies — Federal Circuit Affirms TTAB Dismissal of X-Mark Trademark Opposition

The Federal Circuit affirmed the TTAB dismissal of cigar maker Fuente Marketing Ltd.s opposition to a vape-pen design mark, holding that despite overlapping goods and channels, the distinct commercial impression of Vaporous Technologies stick-figure design mark defeated likelihood of confusion with Fuentes standard-character X marks.

Other International (Germany), Trademark, Federal

BGH “Moneypenny” — Bundesgerichtshof Holds That James Bond’s Moneypenny Has No Independent Work-Title Protection Under German Trademark Law

Germany’s Federal Court of Justice held that the name of the James Bond character “Miss Moneypenny” does not enjoy independent work-title protection under § 5(1) and (3) German Trademark Act, because the fictional figure lacks the visual individuality and standalone fame required to be a work in its own right separate from the underlying James Bond film series.

Other International (Germany), Trademark, Federal

BGH “Testarossa” — Federal Court of Justice Affirms BPatG Ruling That Ferrari’s Bad-Faith Challenge to “Testa Rossa” Trademark Fails Without Proof of Damaging or Obstructing Intent

Germany’s Federal Court of Justice dismissed Ferrari’s appeal challenging the “Testa Rossa” trademark, leaving in place the BPatG’s January 2025 ruling that bad-faith trademark applications under § 8(2) No. 10 MarkenG require objective evidence of damaging or obstructing intent — mere free-riding on a famous mark is not enough.

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