11
Jul/17

SDNY: Solmetex v Dental Recycling – False Advertising, Trade Libel




28
Jun/17

Diageo (BULLEIT) v. W.J. Deutsch (REDEMPTION) re Trade Dress in Old-Timey Bottles of Bourbon


bulliet redeption trade dress

Diageo defines its Bulleit Design Mark and Trade Dress as:

a. Clear canteen-shaped glass bottle with rounded shoulders;
b. Embossed brand name above the label;
c. Arched text in the top line of the embossed brand name;
d. Convex text divider between components of the embossed brand name (e.g. BULLEIT BOURBON speared from FRONTIER WHISKEY);
e. Arrow-shaped text divider on the label;
f. Border of parallel lines on the label; and
g. Cork bottle cap with black top.

Defendant has indicated that its packaging was intended to pay visual homage to pre-Prohibition spirits containers.



15
Jun/17

Trademark Owner Sues WhoisGuard Privacy Service on TM Grounds


Sonneman, seller of lighting products, sues privacy service, NameCheap (provided of WhoisGuard), for protecting site used to sell infringing lighting products.



12
Jun/17

Caraccioli v. Facebook – Defamation + Other Claims Dismissed under CDA Sec 230


Prof Goldman summary of Caraccioli v Facebook here.



11
Jun/17

DoJ’s Motion to Dismiss in CREW v Trump (emoluments)


Department of Justice memo to dismiss in CREW v Trump, 1:17-cv-00458-RA (SDNY). Discussion of emoluments begins on page 26.



6
Jun/17

LUSH VAPOR for e-Liquid Not Confusingly Similar to LUSH for Fragrances


lush eliquid

Fragrances and e-Liquids (flavors for e-cigarette)s too dissimilar.

TTABlog commentary on LUSH VAPOR TTAB Decision.



5
Jun/17

Confusion Between Big Chickens and Little Chickens


Two Chickens

TTAblog discussion of TTAB decision in Original Maryland Fried Chicken, LLC v. MTM Enterprises Group, LLC, Opposition No. 91217560 (May 25, 2017) [not precedential] (Opinion by Judge Bergsman).



8
May/17

ABS-CBN Brings Florida Action re Illegal Streaming Devices


ABS-CBN, Philippines-based entertainment company, sues Florida entities for distributing devices used to illegally stream plaintiff’s content.



8
May/17

RED WHALE Coffee v BLUE WHALE Coffee


redwhalecoffee_bagblue whale coffee

Plaintiff appears to be selling beans and ground coffee (but also ‘brewed coffee’) while defendant operates coffee shops. For what it’s worth, in 2015 the TTAB refused registration of the mark RED WHALE for beer, citing a prior registration for RED WHALE for vodka (applicant there is plaintiff here).



4
May/17

Recent Tweets and Re-Tweets