In 2009, Appellant Ryan Hart (“Appellantâ€� or “Hartâ€�)1 brought suit against Appellee Electronic Arts, Inc. (“Appelleeâ€� or “EAâ€�) for allegedly violating his right of publicity as recognized under New Jersey law. Specifically, Appellant‟s claims stemmed from Appellee‟s alleged use of his likeness and biographical information in its NCAA Football series of videogames. The District ... More...   $0 (05-21-2013 - nj)

Klein-Becker USA and Klein-Becker IP Holdings (collectively “Klein-Becker�)
sued Patrick Englert and Mr. Finest, Inc., for trademark infringement, copyright
infringement, false advertising, and unfair competition under the Lanham Act; false
advertising under the Utah Truth in Advertising Act; unfair competition under the Utah
Unfair Practices Act; fraud; civil conspiracy; and i... More...   $0 (03-27-2013 - UT)

This case involves a trademark dispute over the right
to use the “AMTEL� name and marks for phonebooks in various Ohio counties. In
2002, Defendant Steven Brandeberry sold his phonebook business, operated under the
name AMTEL, to Barney White, who in turn sold the business to Yellowbook, a national
publisher of yellow-pages directories. In 2009, Brandeberry decided to start a r... More...   $0 (02-27-2013 - OH)

Defendant-appellant Building #19, Inc. appeals from the entry of a preliminary injunction restricting its use of the word "Swarovski" in newspaper advertising to a certain font size. The case is ongoing in the district court, with requests for permanent injunctive relief pending. The dispute began when Building #19 obtained a number of Swarovski crystal figurines that it hoped to resell, and in o... More...   $0 (01-10-2013 - RI)

After defendant Global Asylum, Inc. released its film “Haunting of Winchester House,â€� plaintiff Winchester Mystery House, LLC filed an action alleging unauthorized use of its trademarks (15 U.S.C. § 1114), unfair competition (15 U.S.C. § 1125(a)), and interference with contract and economic advantage. Defendant brought a motion for summary judgment, which the trial court granted. On appeal, ... More...   $0 (10-24-2012 - CA)

Plaintiffs, retired General Charles E. “Chuckâ€� Yeager and his foundation, appeal the district court’s order granting summary judgment to Defendants Ed and Connie Bowlin. Yeager contends that the district court should not have struck his declaration, which contains comprehensive details he did not remember at his deposition. He also contends that, under California’s single-publication rule,... More...   $0 (09-11-2012 - CA)

The question presented is whether a single color may serve as a legally protected trademark in the fashion industry and, in particular, as the mark for a particular style of high fashion women’s footwear. Christian Louboutin, a designer of high-fashion women’s footwear and accessories, has since 1992 painted the “outsolesâ€� of his women’s high-heeled shoes with a high-gloss red lacquer. I... More...   $0 (09-05-2012 - NY)

Interstate Bakeries Corporation (“IBC�)1 appeals the district court’s2 order holding that OneBeacon Insurance Company (“OneBeacon�), IBC’s insurer, does not have a duty to defend IBC in a suit brought by Flowers Bakeries Brands, Inc. (“Flowers�). For the reasons that follow, we affirm.

I. BACKGROUND

The central question in this case is whether OneBeacon has a duty... More...   $0 (07-24-2012 - MO)

Appellant Rosetta Stone Ltd. appeals from an order, see Rosetta Stone Ltd. v. Google Inc., 730 F. Supp. 2d 531 (E.D. Va. 2010), granting summary judgment against Rosetta Stone on its claims against Appellee Google Inc. for trademark infringement, see 15 U.S.C. § 1114(1)(a); contributory and vicarious trademark infringement; and trademark dilution, see 15 U.S.C. § 1125(c)(1). Rosetta Stone also a... More...   $0 (04-09-2012 - VA)

¶1 NEUBAUER, P.J. Ross Glove Company appeals a declaratory judgment granted in favor of its insurer, Acuity, a Mutual Insurance Company. Ross Glove was the subject of trade dress infringement claims and requested that Acuity defend and indemnify it under the terms of its policy. Acuity was granted a declaratory judgment that its policy, specifically its “advertising injuryâ€� provisi... More...   $0 (04-04-2012 - WI)

Skydive Arizona owns and operates one of the largest skydiving centers in the world. Defendants Butler, Quattrocchi, Atlanta SC, Inc., CASC, Inc., and IGOVincent, Inc. (collectively, SKYRIDE) operate an Internet and telephone-based advertising service, making skydiving arrangements for customers, and issuing certificates that can be redeemed at various drop zones around the country. Skydive Arizon... More...   $0 (03-12-2012 - AZ)

Virginia Hauf, the mother of a child diagnosed with brain cancer, purchased shark cartilage supplements from the Life Extension Foundation. Several years later, Hauf contacted the Foundation and offered to endorse its products. The Foundation sent her a proposed “Testimonialâ€� and a “Standard Release of Testimonials & Photos.â€� Hauf revised the proposed testimonial and returned it to the Fou... More...   $0 (12-27-2011 - MI)

This appeal comes to us from two consolidated suits brought under the Uniform Trade Secrets Acts of Indiana and Missouri. Both suits involve information about the repair and overhaul of helicopter engines published by Appellee Rolls- Royce Corp. Rolls-Royce sought damages and injunctive relief for alleged trade secret violations. Appellant AvidAir Helicopter Supply Inc. sought a declaration that t... More...   $0 (12-13-2011 - MO)

17 This appeal requires us to decide whether a trademark registrant’s delivery of a covenant
18 not to sue, and voluntary dismissal of its trademark claims, divests a federal court of subject
19 matter jurisdiction over a defendant’s counterclaims for a declaratory judgment and cancellation
20 of the trademark’s registration. After considering the breadth of the plaintiff’s cov... More...   $0 (11-11-2011 - NY)

Plaintiff Mark Christopher “Chrisâ€� Sevier authored a song entitled “Better.â€� Defendant Shanna Crooks recorded the song and, because they were pleased with the results, they co-authored and recorded a second song, “Watching Me Leave.â€� Their relationship then collapsed, Crooks signed as a recording artist with unrelated recording and management companies, and various accusations and... More...   $0 (09-23-2011 - Te)

The Anticybersquatting Consumer Protection Act (“ACPAâ€�) prohibits “cybersquattersâ€� from registering internet domain names that are identical or confusingly similar to registered service marks and trademarks. See 15 U.S.C. § 1125(d)(1). The prohibition contained in § 1125(d)(1) applies when a domain name is identical or confusingly similar to a mark that is distinctive “at the time of ... More...   $0 (09-22-2011 - Ca)

The Anticybersquatting Consumer Protection Act
(“ACPA�) prohibits “cybersquatters� from registering internet
domain names that are identical or confusingly similar to registered
service marks and trademarks. See 15 U.S.C.
§ 1125(d)(1). The prohibition contained in § 1125(d)(1)
applies when a domain name is identical or confusingly similar
to a mark that is di... More...   $0 (09-22-2011 - Ca)

3 This appeal is the latest, longest, and perhaps even the
4 last, chapter in a long legal struggle involving a host of
5 trademark and unfair competition claims over the name “Patsy’s.�
6 Patsy’s Italian Restaurant, Inc., and Patsy’s Brand, Inc.
7 (collectively “Patsy’s Italian Restaurant� or “appellants�)
8 appeal from a judgment entered after a jury trial... More...   $0 (08-24-2011 - NY)

There is a substantial market for products that will prevent game animals, with their keen sense of smell, from detecting the presence of hunters. Activated carbon, when embedded in clothing, adsorbs1 and retains human scent. In 1992, A.L.S. 2Federal jurisdiction in this case is based upon the Class Action Fairness Act, 28 U.S.C. § 1332(d). That jurisdiction continued despite the district courtâ€... More...   $0 (08-18-2011 - MN)

Plaintiff–Appellant Omar Jaso commenced this lawsuit against Defendants–Appellees, alleging, inter alia, that they had infringed a copyright he held in a musical composition by creating a derivative composition that they used in a widespread advertising campaign. Defendants moved for dismissal of Jaso’s amended complaint under Federal Rule of Civil Procedure 12(b)(6) on the basis that Jasoâ€... More...   $0 (08-01-2011 - TX)

This appeal is from a judgment against an entertainment company that sued the current members of “Exposé,â€� an American girl dance band, about the trademark name of the band. Crystal Entertainment & Filmworks, Inc., is the purported assignee of the trademark rights of Pantera Group Enterprises and Pantera Productions, Inc., which created the original Exposé band in 1984. The current members o... More...   $0 (06-21-2011 - FL)

In this appeal, plaintiff-appellant Voice of the Arab World, Inc. ("VOAW") challenges the district court's interlocutory order granting defendant-appellee MDTV Medical News Now, Inc.'s ("Medical News Now") motion to preliminarily enjoin VOAW from the use, sale, or promotion of the mark "MDTV," or formative versions of that mark on the Internet, in connection with medical-related informational or e... More...   $0 (05-27-2011 - MA)

This matter is before the court on Defendants’ Motion to Quash Subpoenas, Issue Protective Order, and Dismiss Complaint. The court held a hearing on the motions on April 28, 2011. At the hearing, Plaintiff was represented by Juliette P. White and Judith Powell, and Defendants were represented by Deepak Gupta and Lester A. Perry. The court took the motion under advisement. The court has carefully... More...   $0 (05-11-2011 - UT)

In 1966 Eva Sweis establishedin Chicago a shop that she called “Eva’s Bridal.â€� It sold dresses for brides and bridal parties. The venture was a success; Sweis allowed her children to open their own shops under the same name. The business passed to Said and Nancy Ghusein (née Sweis), who operate an “Eva’s Bridalâ€� shop in Oak Lawn, one of Chicago’s suburbs. They have continued the pat... More...   $0 (05-10-2011 - IL)

In 1966 Eva Sweis established in Chicago a shop that she called “Eva’s Bridal.â€� It sold dresses for brides and bridal parties. The venture was a success; Sweis allowed her children to open their own shops under the same name. The business passed to Said and Nancy Ghusein (née Sweis), who operate an “Eva’s Bridalâ€� shop in Oak Lawn, one of Chicago’s suburbs. They have continued the pa... More...   $0 (05-10-2011 - IL)