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Peter Reap  (Wolters Kluwer Legal & Regulatory US)
USA: Hoop Culture, Inc. v. Gap Inc, United States Court of Appeals, Eleventh Circuit, No. 15-13818, 28 April 2016
May 04, 2016

Without proof that Hoop Culture would be irreparably injured in the absence of its requested preliminary injunction enjoining clothing retailer Gap from infringing Hoop Culture’s “EAT…SLEEP…BALL.®”…

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Thomas Long  (Wolters Kluwer Legal & Regulatory US)
USA: Memory Lane, Inc. v. Classmates, Inc, United States Court of Appeals, Ninth Circuit, Nos. 14-55462, 25 March 2016
May 03, 2016

Prevailing defendants in a trademark dispute over the mark MEMORY LANE were not entitled to an award of attorney fees incurred in their successful defense, the U.S. Court of Appeals in San Francisco…

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Peter Reap  (Wolters Kluwer Legal & Regulatory US)
USA: Pronman v. Styles, United States Court of Appeals, Eleventh Circuit, No. 15-12651, 9 March 2016
March 23, 2016

The federal district court in West Palm Beach, Florida, did not commit reversible error in granting the operators of a complaint website, Brian Styles and Samantha Styles, summary judgment on claims…

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Jody Coultas  (CCH)
USA: JBLU, Inc. v. United States, United States Court of Appeals, Federal Circuit, No. 2015-1509, 2 March 2016
March 10, 2016

The U.S. Court of Appeals for the Federal Circuit reversed a trial court’s ruling that JBLU, Inc. violated the Tariff Act of 1930 by importing jeans that were not properly marked with their country…

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Michaela Ring  (Hoffmann Eitle)
Share a Coke – but only with fluting.
March 08, 2016

On February 24, 2016, the General Court dismissed an action of the Coca-Cola Company and confirmed the decisions of OHIM and the Board of Appeal (case R 540/2013-2) by ruling that the known shape of…

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Thomas Long  (Wolters Kluwer Legal & Regulatory US)
USA: Gibson Brands, Inc. v. Viacom International, Inc, United States Court of Appeals, Ninth Circuit, No. 13-57050, 19 February 2016
March 02, 2016

The maker of Gibson-brand guitars could not go forward with claims that media conglomerate Viacom International secondarily infringed trademarks related to Gibson’s “Flying V” design by selling a…

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Jody Coultas  (CCH)
USA: Blanco GmbH + Co. KG v. Vlanco Industries, LLC, United States Court of Appeals, Eleventh Circuit, No. 15-10692, 4 February 2016
February 10, 2016

The U.S. Court of Appeals in Atlanta affirmed a district court’s finding that Vito Antonio Laera violated a contempt order issued in a previous trademark infringement dispute with Blanco GmbH + Co.…

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Thomas Long  (Wolters Kluwer Legal & Regulatory US)
USA: Peter Kiewit Sons’, Inc. v. Wall Street Equity Group, Inc, United States Court of Appeals, Eighth Circuit, No. 14-3461, 6 January 2016
January 11, 2016

Florida businessman Steven S. West was liable for over $913,000 in damages for infringing a service mark held by Omaha-based construction and mining company Kiewit Sons’, Inc., the U.S. Court of…

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Jody Coultas  (CCH)
USA: The Board of Directors of Sapphire Bay Condominiums West v. Simpson, United States Court of Appeals, Third Circuit, Nos. 14-3922, 21 December 2015
December 30, 2015

The Board of Directors of Sapphire Bay Condominiums West was unable to state Lanham Act claims against a disgruntled condominium owner who operated a website to complaint about the Board, according…

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Thomas Long  (Wolters Kluwer Legal & Regulatory US)
USA: BMW of North America, LLC v. Barreira, United States Court of Appeals, Ninth Circuit, No. 14-15215., 15 December 2015
December 21, 2015

An individual was in violation of a permanent injunction barring him from using BMW’s “MINI” trademarks in connection with an online store selling apparel bearing the brand name “Mini Works,” the U.S…

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