8th Cir Wakes Initial Interest Confusion: Select Comfort v John Baxter re SLEEP NUMBER and NUMBER BED
Plaintiff asserts rights in the SLEEP NUMBER and NUMBER BED marks for air mattresses. Defendants compete. Defendants allegedly used” plaintiff’s actual trademarks as paid search terms and as identical phrases in their own web-based advertising in text pages, combined text and graphical pages, as terms embedded in linked internet address urls, and in other fashions.”
Non-practicing entities – Flying Saucer Patents
ATLAS MOVERS v ATLAS LOGISTICS – 6th Circuit
AWGI. LLC v. Atlas Logistics, Inc.; Atlas Van Lines, Inc.
Justia summary: Atlas Movers federally registered the “Atlas” mark for “transportation of household goods of others,” first using “Atlas” in 1948 when it formed Atlas Van Lines, providing transportation and logistics services, primarily moving household goods. Since 1970, its division, STG, has provided logistics
Defendant Escapes Trap Buy in NY – No Personal Jurisdiction Arising From Unfufilled Order
American Girls sells dolls. Defendant, located in China, allegedly sells counterfeits of plaintiff’s dolls. Plaintiff attempted trap buys into the district, however no orders were fulfilled. Defendant alleged that it had a policy of not shipping into the U.S. Court dismisses for lack of specific jurisdiction, as mere accessibility of the website in the
ADT sues Ring over blue hexagons
SDNY: Trade Dress Complaint: Deckers v It’s Friday: Yoga Sling sandal
[embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2020/12/yoga-sling-trade-dress-complaint-1.pdf” download=”all”]
Recording of Oral Argument in Car-Freshner v American Covers et. al. (BLACK ICE v MIDNIGHT BLACK / ICE STORM)
Trade Dress: Functionality: Third Circuit: Glico v Lotte, INTA Amicus brief in support of reconsideration en banc
[embeddoc url=”https://www.schwimmerlegal.com/wp-content/uploads/sites/833/2020/12/glico-v-lotte-pocky-stick-third-circuit-petition-for-rehearing-1.pdf” download=”all”]
Second Circuit – Freshner v Energizer – BLACK ICE v MIDNIGHT BLACK / ICE STORM
Plaintiff sold BLACK ICE car fresheners. Defendant sold a ‘dual scent’ car freshener – the package had a dial that allowed the user to choose between two scents – MIDNIGHT BLACK or ICE STORM. The two names appeared as MIDGNIGHT BLACK ICE STORM (See above). Defendant was very aware of plaintiff and its BLACK ICE