Bubble Tea – SDNY – Dismissal on 12b2 – no allegations as to transactions in the forum.
SDNY: Hard drive and server fried in some unknown fashion results in dismissal of claims for trademark infringement damages
SDNY: The Fashion Exchange v Hybrid Promotions 14-1354 (Judge Stein).
Plaintiff’s hard drive and server were “fried in some unknown fashion” so it couldn’t establish its damages (page 4). There doesn’t seem to be a lot of other evidence on other aspects of the lawsuit, either. Defendant’s summary motion as to damages granted.
The decision
SG advises SCOTUS to grant cert in Abitron v Hetronic (extra territorial application of Lanham Act)
The Solicitor General has advised SCOTUS to grant cert in Abitron Austria v Hetronic (brief below). It thinks the 10th Circuit got it wrong under Steele v Bulova. It thinks this is a good vehicle for determining the geographic scope of the Lanham Act.
Petitioner Abitron’s introduction in its petition (HT ScotusBlog):
Petitioners—all
Ninth Circuit reverses trade dress summary judgment in favor of one Connect 4 knock-off over another
P AND P IMPORTS LLC V. JOHNSON ENTERPRISES, LLC, No. 21-55013 (9th Cir. Aug 24 2022). Link to text of decision below.
Court refers to both litigants’ backyard “4 in a row” games as “CONNECT 4 knock-offs.” Ninth Circuit reverses defendant’s summary judgment. Too much evidence suggesting defendant’s intentional copying. Also: District Court had
How is a box of chocolates not like a box of rice pilaf?
Jacobs v. Whole Foods Market Group, Inc., No. 1:2022cv00002 – Document 27 (N.D. Ill. 2022)
Plaintiff sues, based on the disparity between the box size of rice pilaf and the amount of product. The empty space is known as “slack fill.”
Defendant notes that the box clearly identifies the weight and number of servings.
Plaintiff
Eight Circuit: BASIC v Zazzle: Single Sale into Missouri Insufficient for Specific Jurisdiction In Trademark Matter
Brothers and Sisters in Christ v. Zazzle, Inc., No. 21-1917 (8th Cir. 2022)
From Justia:
Brothers and Sisters in Christ, LLC (BASIC) allege that Zazzle, Inc. sold a t-shirt that infringed on BASIC’s federal trademark. The district court granted Zazzle’s motion to dismiss for lack of personal jurisdiction. The Eighth Circuit affirmed. The court
2d Cir reverses injunction against Pepsi re MTN DEW RISE for energy drink
RISE for nitro-brewed canned coffee against MTN DEW RISE for energy drink. 2d Circuit held that District Court made a significant error in holding that RISE was inherently string and had acquired strength.
Text of Second Circuit decision in RiseandShine v Pepsi:
D Arizona: SJ granted dismissing RAW (tobacco, rolling papers) v RAW GARDEN (cannabis extracts)
BBK Tobacco & Foods LLP, Plaintiff, v. Central Coast Agriculture Incorporated, et al., Defendants, No. CV-19-05216-PHX-MTL (07/19/2022)
Defendant’s motion for summary judgment granted. Def. uses RAW GARDEN for cannabis extracts, plaintiff sells tobacco and rolling paper under the RAW mark.
Comprehensive discussion of admissibility of testimony from various types of experts, including discussion of
SDNY: Mattel v Fisher-Price.Online – Default Judgment (Including Asset Freeze) Against Unknown Foreign Counterfeiter
MATTEL, INC. v. WWW.FISHER-PRICE.ONLINE, No. 1:2021cv09608 (S.D.N.Y. 2022) (Liman, J.)
Mattel wins default judgment over unknown Chinese cyber-squatter/counterfeiter.
Personal jurisdiction established through attempt at trap-buy.
TRO had been entered against financial institution, permanent asset freeze entered against institutions in active cooperation with defendant’s operation of the website.
Text of decision in Mattel v Fisher-Price.Online: mattel
Strawberry Pop-Tart Situation Sorted Out by SDNY
Russett v. Kellogg Sales Company, No. 7:2021cv08572 – Document 19 (S.D.N.Y. 2022)
Motion to Dismiss all causes, including N.Y. G.B.L. §§ 349 and 350 and related state torts granted:
“The photograph of the fresh half strawberry on the Product’s front label must be viewed in context. No reasonable consumer would see the entire product label