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.
The Federal Court of Australia reversed a trademark opposition decision, finding that On Clouds’ and Cyclonic’s footwear marks are deceptively similar based on combined visual, aural, and conceptual similarities relating to the shared idea of a ‘cyclone.’
A federal judge denied PhillyWine LLC’s emergency motion for a preliminary injunction seeking to stop the Wine School of Philadelphia from using the ‘Philly Wine School’ trademark, finding the challenger showed only sporadic prior use of the name.
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.
A federal court in the Eastern District of California dismissed trademark infringement claims involving the ALIEN mark for nicotine products after the plaintiff failed, even on a second attempt, to adequately plead priority of use over the defendant’s ALIENLABS mark for cannabis products.
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.
A New Jersey federal court denied a preliminary injunction in a dispute between competing waterfront restaurants, holding that a restaurant logo known only in a regional market is not ‘famous’ enough for federal trademark dilution protection.
An Ohio federal court entered a $1 million default judgment against a convicted counterfeiter who placed unauthorized NIJ certification marks on body armor sold to law enforcement, ordering permanent injunction and destruction of infringing goods.
An Oregon federal court partially dismissed adidas’s trademark infringement claims, holding that plaintiffs must identify which specific registered marks are infringed rather than pleading a ‘unitary branding device’ across multiple registrations.
The EU General Court annulled EUIPO’s decision refusing to invalidate a Polish entrepreneur’s ‘Obelix’ trademark registration for firearms and ammunition, finding the office failed to properly assess the famous comic character mark’s reputation and the risk of reputational damage.
A federal judge awarded $74,950 in attorney’s fees and $17,670 in costs against LegalForce after finding the trademark firm alleged facts it knew to be false, including $10 million in promotional spending it could not substantiate with even one dollar.
The EU General Court annuls EUIPO’s decision that allowed a Polish entrepreneur to keep the ‘Obelix’ trademark for firearms and ammunition, finding the agency failed to properly assess the famous comic character’s trademark reputation.
The Fifth Circuit affirmed that a golf-cart seller’s “TROJAN-EV” mark infringed Trojan Battery’s famous TROJAN trademark and upheld $4.7 million in disgorgement, but vacated a permanent injunction as overbroad for covering products outside the golf industry.
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.
The Tenth Circuit reversed dismissal of trademark infringement claims, finding a management contract ambiguous on whether a charter school network could use permutations of licensed school names after terminating its management relationship.
The Ninth Circuit affirmed summary judgment for Igloo, holding that ‘first to market’ advertising claims about a biodegradable cooler concern the origin of an idea — not an observable product characteristic — and therefore fall outside the Lanham Act’s false advertising protections.
The Canadian Federal Court of Appeal upheld the invalidation of THERME-formative trademark registrations, holding that marks comprising English words may be refused if descriptive when pronounced in French.
The Delhi High Court granted an interim injunction restraining EaseMyBiz Technologies from launching its app or website, finding the name deceptively similar to MakeMyTrip’s established “MyBiz” corporate travel brand.
An Oregon federal judge denied Columbia University’s motion to dismiss for lack of personal jurisdiction and denied its motion to transfer, allowing Columbia Sportswear’s trademark infringement and breach-of-coexistence-agreement claims to proceed in Oregon.
Japan’s IP High Court voided a trademark registration for “AI Announcer,” ruling the term is merely descriptive of AI-powered automated news-reading software and cannot be monopolized.
A New Jersey federal judge awarded Benjamin Moore $4.2 million in unpaid trademark royalties from its former Moroccan licensee and reversed his own earlier decision to allow the licensee’s trade secret and tortious interference counterclaims.
A California federal court ruled that a Houston attorney who served as outside counsel to Schrader Cellars has no ownership interest in the winery or its RBS wine brand, rejecting his claim of a decades-old handshake deal.
The Second Circuit held for the first time that ‘misconduct’ under Rule 60(b)(3) does not include merely negligent discovery failures, and affirmed denial of Adidas’s motion to reopen a jury verdict favoring Thom Browne’s four-stripe activewear designs.
The Seventh Circuit affirmed a $2,000 statutory damages award in a trademark counterfeiting and cybersquatting default case, holding that obtaining a default judgment alone does not excuse a plaintiff from proving up its damages request.
A federal court dismissed Eli Lilly’s Lanham Act false advertising claim against Empower Pharmacy over compounded tirzepatide (the active ingredient in Mounjaro and Zepbound) for lack of proximate causation, but allowed state consumer protection claims to proceed in eight states.
In a precedential decision, the TTAB cancelled Everwise Credit Union’s trademark registration after finding the credit union filed its statement of use before actually using the mark in commerce, while still operating under its former Teachers Credit Union brand.
The Court of Justice of the European Union ruled that Article 9(5) of the IP Enforcement Directive precludes national laws that allow provisional trademark measures to remain in force indefinitely when the rights-holder fails to file substantive proceedings within the mandatory deadline.
A federal judge in San Francisco barred OpenAI, Sam Altman, and Jony Ive from using the ‘IO’ mark for AI hardware devices, finding iyO Inc. likely to succeed on its trademark infringement claim where the marks differ by only one letter and are pronounced identically.
The Eastern District of Pennsylvania ruled that MEDDPICC — a widely used B2B sales qualification methodology — is a generic term that cannot be trademarked, ordering the USPTO to cancel the registration and dismissing all counterclaims with prejudice.
Eastern District of Pennsylvania holds that MEDDPICC — the widely used B2B sales methodology acronym — is generic, ordering cancellation of the trademark registration that had been used to take down social media posts and book listings.
A federal court denied a preliminary injunction that would have blocked the launch of California’s AwareCA wildfire alert platform, finding that the maker of the ‘Wildfire Aware’ app waited too long to seek emergency relief and failed to show likelihood of confusion.
A Colorado federal court dismissed trademark and IP claims against Penn Entertainment and its Ameristar Casino subsidiary for the second time, finding that MAO Gaming’s complaint still failed to clearly distinguish which defendant was liable for the unauthorized use of the STREAK® blackjack brand.
A federal judge partially dismissed Eli Lilly’s Lanham Act false advertising claims against telehealth company Mochi Health over its marketing of compounded tirzepatide, the active ingredient in Mounjaro and Zepbound, while allowing some claims to proceed.
The Supreme Court declined to review a Federal Circuit decision holding that a consumer and law professor lacked statutory standing to challenge the registration of RAPUNZEL as a trademark for dolls, leaving in place a strict rule requiring trademark challengers to show a direct commercial injury.
The Eleventh Circuit reversed dismissal and held that cease-and-desist letters sent on false claims of trademark ownership can establish personal jurisdiction under both the effects test and minimum contacts analysis.
A federal court in D.C. held that when a plaintiff sues for trademark infringement, the defendant may counterclaim for a declaratory judgment that the plaintiff lacks exclusive rights in a component term of the asserted marks — and that diverted donations suffice for standing.
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.
A federal court in California dismissed Pepperdine University’s trademark suit against Netflix, holding that the fictional “Los Angeles Waves” basketball team in the Running Point series is protected artistic expression under the Rogers v. Grimaldi test.
A Northern District of California judge dismissed two of three trademark infringement claims against AI startup Glean Technologies, finding that the plaintiff’s own registrations showed later first-use dates than the defendant’s alleged first use, while preserving the oldest mark with 2019 priority.
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.
A Pennsylvania federal court upheld a $28,000 jury verdict for Penn State in its long-running trademark suit against vintage-merch retailer Vintage Brand, treating initial interest confusion not as a standalone doctrine but as one way to satisfy the standard multi-factor confusion analysis.
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.
The Ninth Circuit held that NFTs qualify as ‘goods’ under the Lanham Act and reversed summary judgment for Yuga Labs on Bored Ape Yacht Club trademark and cybersquatting claims, finding genuine factual disputes for trial.
France’s Cour de cassation held that when assessing trademark forfeiture for non-use under Article L.714-5 CPI, courts must analyze whether the proven use covers an autonomous sub-category of goods or services narrower than the registered category — looking to the purpose or destination of the products or services rather than being constrained by Nice classification headings.
The Supreme Court unanimously held that an award of “defendant’s profits” under the Lanham Act is limited to the profits of the named defendant entity and may not include profits of legally separate affiliated companies, unless those affiliates are alter egos or otherwise liable.
The Supreme Court held that the Lanham Act’s restriction on registering marks that include a living person’s name without their consent is a content-based but viewpoint-neutral restriction that does not violate the First Amendment.
The Federal Circuit affirmed the TTAB’s refusal to register EVERYBODY VS. RACISM as a trademark for apparel, holding that the phrase functions as an informational, anti-racist message rather than as a source identifier — and confirming that widespread use of a phrase in an informational context undermines trademark registration.
The Federal Circuit reversed the TTAB’s cancellation of Great Concepts’ DANTANNA’S restaurant trademark, holding that filing a fraudulent Section 15 incontestability declaration does not give the Board authority to cancel the underlying registration — fraud after registration has limited remedies under the Lanham Act.
The Supreme Court held that the Lanham Act’s trademark infringement provisions apply only to infringing use in commerce that occurs within the United States; foreign conduct is not actionable even if infringing products ultimately enter the U.S. market.
The Supreme Court held that when a defendant uses an allegedly parodic mark as a source identifier — as an actual trademark — the Rogers test for expressive works does not apply, and the ordinary likelihood-of-confusion analysis governs, with parody as a relevant but not dispositive factor.