Trademark, Federal

District Courts, Trademark, Federal

Arro-Mark v. Warren — “Mighty Marker” Trademark Injunction Denied Where Reseller Did Not Itself Use the Mark on Third-Party Listings

A New Jersey federal judge denied a marker manufacturer’s request for a preliminary injunction and contempt finding against its former reseller, holding that the record did not show the reseller itself used the “Mighty Marker” mark on listings posted by third-party websites and that the manufacturer had not shown irreparable harm.

Tenth Circuit, Trademark, Federal

KetoNatural Pet Foods v. Hill’s Pet Nutrition — Tenth Circuit Revives Lanham Act Claims Over Alleged Grain-Free Dog Food Smear Campaign

The Tenth Circuit reversed dismissal of Lanham Act false advertising claims, holding that Hill’s Pet Nutrition’s website statements and veterinary education materials could constitute actionable commercial speech when they allegedly disparaged grain-free competitors—and that the “establishment claim doctrine” allows courts to probe whether cited science actually supports the marketing claims made.

Fourth Circuit, Trade Secret, Federal, Trademark, Federal

dmarcian, Inc. v. DMARC Advisor BV — Fourth Circuit Upholds Cross-Border IP Injunction Under Abitron’s Conduct Test

The Fourth Circuit affirmed a preliminary injunction against a Dutch software company’s use of an American company’s brand and trade secrets, holding that Abitron Austria’s conduct-focused test for the territorial reach of U.S. IP law is satisfied where the defendant directly targeted U.S. customers online.

Sixth Circuit, Trademark, Federal

Nelson v. MillerKnoll — Sixth Circuit Rules Authorization Defeats Bubble Lamp Trademark Claims

The Sixth Circuit affirmed summary judgment for MillerKnoll, holding that the Nelson family authorized the company’s ownership of the iconic George Nelson Bubble Lamp trademarks through a 2006 royalty agreement — and in a precedential ruling, confirmed that authorization defeats unregistered trademark infringement claims under Lanham Act § 1125(a).

Scroll to Top