2018

Royal Crown opposed various applications by Coke to register terms that included the word ZERO, on grounds of genericness (or, in the alternative, that the terms were highly descriptive and Coke had not shown a sufficient degree of secondary menaing in the term).

The court instructed the Board to consider, on remand, whether ZERO is…

Licensing agent for Weezer files Jane Doe order against John Does 1-100, Jane Does 1-100 and XYZ Company in advance of Weezer appearing at the Cynthia Woods Mitchell Pavilion in Woodlands, Texas (near Houston).

Some background on what used to be called John Doe orders here.

[embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2018/06/weezer-john-doe-complaint-1.pdf”]

Barbour, a UK apparel company, sells shirts with a ‘flag’ on the breast pocket:

Levis sells apparel which has ‘tabs’ on the pockets.  It owns various registrations for the tab.

Levis aggressively polices its tab trademarks.  It sent a demand letter to Barbour, alleging infringement and dilution.  Barbour brought a DJ action. Barbour notes third-party…

Plaintiff extracts spring water. One defendant allegedly extracts well water, which it misrepresents as spring water to other defendants, who are bottlers, and who also misrepresent the water as spring water.

Applying Lexmark, court holds that bottler defendants’ alleged false statements do not proximately injury plaintiff (as opposed to the false statements by extractor…

Plaintiff Knight Institute’s summary of issues in lawsuit:

The Knight First Amendment Institute filed suit in the Southern District of New York contending that President Trump and his communications team violated the First Amendment by blocking seven people from the @realDonaldTrump Twitter account because they criticized the president or his policies.

The suit argues…

Law firm LegalForce RAPC is the largest filer of trademarks in the U.S.. It has filed several lawsuits against document preparation services, generally premised on the allegation that these firms are engaged in the unlicensed practice of law.

In this action against document preparation service TM411, LegalForce’s false advertising claim was dismissed as it…

Justia summary: Skechers challenged the district court’s issuance of a preliminary injunction prohibiting it from selling shoes that allegedly infringe and dilute adidas America, Inc.’s Stan Smith trade dress and Three-Stripe trademark. The panel affirmed in part, holding that the district court did not abuse its discretion in issuing the preliminary injunction as to…