Trademark, Federal

District Courts, Trademark, Federal

Watts v. Amazon Studios — Court Dismisses ‘The Love Zone’ Trademark Suit Over Amazon’s ‘Cross’ TV Series

A Southern District of New York judge dismissed a trademark infringement suit by New York radio host Maurice Watts against Amazon Studios over use of the name ‘The Love Zone’ in Amazon’s crime thriller series ‘Cross,’ finding no evidence that the fictional reference misled viewers about the source of the real radio show.

Other International (India), Trademark, Federal

Intas Pharmaceuticals v. Sun Pharma — Delhi High Court Vacates BEVETEX Trademark Injunction, Holds INN-Derived Prefixes Are in the Public Domain

India’s Delhi High Court Division Bench reversed a single-judge injunction against Intas Pharmaceuticals’ BEVATAS cancer drug, holding that the INN-derived prefix ‘BEV/BEVA’ is publici juris and that ten years of concurrent market use with no actual confusion disproved likelihood of confusion with Sun Pharma’s BEVETEX.

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.

EU Courts, Trademark, Federal

Disney v. “MICKEY IS FREE!” Applicant — EUIPO Board of Appeal Rejects Public-Domain Slogan as EU Trademark for Clothing

The First Board of Appeal of the European Union Intellectual Property Office dismissed an appeal against refusal to register “MICKEY IS FREE!” as an EU trademark for clothing, finding that despite the applicant’s public-domain commentary intent, average consumers would focus on “MICKEY” and associate it with Disney.

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.

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