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Linda O'Brien  (Wolters Kluwer Legal & Regulatory US)
USA: San Diego Comic Convention v. Dan Farr Productions, United States Court of Appeals, Ninth Circuit, No. 17-72682, 26 October 2017
November 02, 2017

In San Diego Comic Convention’s trademark infringement case against the operator of a Utah comic book convention involving the trademark COMIC-CON, two orders entered by the federal district court in…

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Peter Reap  (Wolters Kluwer Legal & Regulatory US)
USA: EarthGrains baking Companies, Inc. v. Sycamore, United States Court of Appeals, Tenth Circuit, No. 15-4145, 10 October 2017
October 26, 2017

The federal district court in Salt Lake City did not err in terminating Leland Sycamore’s rights under a trademark license agreement (TLA) that granted him the right to use the "Grandma Sycamore’s…

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Mark Engstrom  (Wolters Kluwer Legal & Regulatory US)
USA: In re North Carolina Lottery, United States Court of Appeals, Federal Circuit, No. 2016-2558, 10 August 2017
September 26, 2017

The Trademark Trial and Appeal Board did not err in refusing to register the trademark FIRST TUESDAY for lottery games and services, the U.S. Court of Appeals for the Federal Circuit has ruled.…

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Peter Reap  (Wolters Kluwer Legal & Regulatory US)
USA: Parks, LLC v. Tyson Foods, Inc, United States Court of Appeals, Third Circuit, No. 16-2768, 06 July 2017
August 04, 2017

Lanham Act claims for false advertising and trademark infringement brought by Sausage company Parks, asserting its PARKS mark for sausage against Tyson Foods and Hillshire Brands Company (…

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Thomas Long , Thomas Long  (Wolters Kluwer Legal & Regulatory US)
USA: Joules Limited v. Macy’s Merchandising Group Inc, United States Court of Appeals, Second Circuit, No. 16-3037-cv, 21 June 2017
July 03, 2017

The U.S. Court of Appeals in New York City has affirmed a district court’s decision that Macy’s Merchandising Group’s MAISON JULES line of women’s clothing—a private brand sold almost exclusively in…

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Mark Engstrom  (Wolters Kluwer Legal & Regulatory US)
USA: 2Die4Kourt v. Hillair Capital Management, LLC, United States Court of Appeals, Ninth Circuit, No. 16-56217, 26 May 2017
June 15, 2017

A federal district court did not err in awarding a preliminary injunction to Kourtney, Kim, and Khloe Kardashian and their companies—2Die4Kourt, Kimsaprincess Inc., and Khlomoney Inc.—that barred…

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Cheryl Beise  (Wolters Kluwer Legal & Regulatory US)
USA: Grayson O Company v. Agadir International LLC, United States Court of Appeals, Fourth Circuit, No. 15-2552, 05 May 2017
May 18, 2017

The federal district court in Charlotte, North Carolina, did not err in finding thatGrayson O Company’s registered mark "F 450" for a line of hair care products was not infringed by Agadir…

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Peter Reap  (Wolters Kluwer Legal & Regulatory US)
USA: Oaklawn Jockey Club, Inc. v. Kentucky Downs, LLC, United States Court of Appeals, Sixth Circuit, No. 16-5582, 19 April 2017
May 03, 2017

The federal district court in Bowling Green, Kentucky, correctly held that a horse-race gambling platform (the "System") developed by defendant Exacta Systems and used by defendant Kentucky Downs at…

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Peter Reap  (Wolters Kluwer Legal & Regulatory US)
USA: Solid 21, Inc. v. Hublot of America, United States Court of Appeals, Ninth Circuit, No. 15-56036, 24 March 2017
April 05, 2017

A federal district court in Los Angeles erred in concluding that Solid 21’s registered word mark RED GOLD was invalid because the mark was a generic term for jewelry items that were made of red gold…

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Cheryl Beise  (Wolters Kluwer Legal & Regulatory US)
USA: In re DDMB, Inc, United States Court of Appeals, Federal Circuit, No. 2016-2037, 8 March 2017
March 22, 2017

The Trademark Trial and Appeal Board did not err in refusing to register the mark EMPORIUM ARCADE BAR and Design, absent a disclaimer of the word "EMPORIUM," in addition to the disclaimed term "…

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