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Mealey's Trademarks

  • October 07, 2025

    Supreme Court Denies Certiorari To Crocs In Sprawling Patent, False Ad Row

    WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 6 denied Crocs Inc.’s petition for a writ of certiorari in which the company argued that the Federal Circuit U.S. Court of Appeals improperly expanded the federal false advertising statute to include intangible concepts, including statements about whether a product is patented.

  • October 07, 2025

    Supreme Court Denies Certiorari For Floor Tape Patent, False Ad Row

    WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 6 denied a petition for a writ of certiorari from entities that make floor-marking tape and argued that the Federal Circuit U.S. Court of Appeals should not have affirmed an Ohio federal judge’s finding that the patent at issue was anticipated by prior art.

  • October 07, 2025

    High Court Invites U.S. Input On 2nd Circuit’s Trademark Similarity Analysis

    WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 6 invited the U.S. government to participate in briefing while the justices consider whether to grant a petition for a writ of certiorari filed by a coffee brewing company that argues the Second Circuit U.S. Court of Appeals “stands alone” in considering a trademark’s strength a question of law and not a question of fact.

  • October 07, 2025

    No High Court Consideration Of PTO’s ‘Space Force’ Mark Rejection

    WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 6 rejected an attorney’s petition for a writ of certiorari, declining to hear his argument that the Federal Circuit U.S. Court of Appeals inappropriately deferred to the interpretation used by the U.S. Trademark Trial and Appeal Board (TTAB) of a section of the Lanham Act when affirming the TTAB’s rejection of his application for a mark for US SPACE FORCE filed only days after President Donald J. Trump’s first proposals regarding the branch.

  • October 03, 2025

    Judge Tosses Temu’s Antitrust Claims Against Shein But Lets IP Claims Survive

    WASHINGTON, D.C. — A federal judge in the District of Columbia dismissed much of a suit brought by the company behind online store Temu against the company behind competitor Shein, tossing claims of trade secret misappropriation, antitrust violations and others, but the judge will allow claims of copyright and trade dress infringement, along with other intellectual property claims, to proceed.

  • October 02, 2025

    4th Circuit Rejects Petition To Reconsider Injunction For Dance Team’s Mark Use

    RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals denied a charter school and its parent-teacher organization’s petition for panel rehearing and rehearing en banc, leaving in place a panel’s September ruling that affirmed a North Carolina judge’s decision to deny the school entities’ request for a preliminary injunction against a local dance company in the parties’ dispute over a trademark on a logo using the name “Inspire.”

  • October 02, 2025

    Judge Grants Summary Judgment On Some Counterclaims In ‘Vampire’ Wine Mark Row

    TAMPA, Fla. — In a dispute over imported Romanian wine bearing marks related to the vampire Dracula, a federal judge in Florida partly granted a motion for partial summary judgment, setting aside counterclaims and affirmative defenses that suggested that the plaintiff entity committed fraud on the U.S. Patent and Trademark Office (PTO) to obtain its marks.

  • October 01, 2025

    Federal Circuit: Multiple Errors In Hookless Curtain Infringement Findings

    WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel issued a mixed opinion Sept. 30 in a long-running intellectual property dispute over hookless shower curtains, affirming a New York federal judge’s findings that one appellant company infringed multiple patents but vacating or reversing findings that another appellant company infringed the patents; the panel also vacated trademark and trade dress infringement findings against the appellant companies and set aside attorney fees.

  • October 01, 2025

    11th Circuit Affirms Fees In 5th Consideration Of Commodores Mark Appeal

    ATLANTA — Considering an appeal related to the case for the fifth time, an 11th Circuit U.S. Court of Appeals panel upheld a Florida federal judge’s decision to award attorney fees in “protracted litigation” involving trademarks related to the funk band The Commodores against one of its founding members who formed groups with similar names after departing from the group.

  • September 26, 2025

    Federal Circuit:  TTAB Misapplied DuPont Factors For Trademark Application

    WASHINGTON, D.C. — The U.S. Trademark Trial and Appeal Board (TTAB) erred in its consideration of two of the likelihood-of-confusion factors when weighing whether to allow a banking entity to register marks using the name “Aspire Bank,” a Federal Circuit U.S. Court of Appeals panel held Sept. 25 in an opinion that affirmed other aspects of the board’s analysis.

  • September 26, 2025

    Judge: No Summary Judgment On IP Claims In Learning Materials Sharing Case

    HARTFORD, Conn. — A Connecticut federal judge held that the owner of an online platform that allows users to share educational resources with each other will face copyright and trademark claims from a private university in the state, but the judge granted the platform owner’s motion for summary judgment as to certain state law claims.

  • September 24, 2025

    Lilly, Medical Centers’ Trademark Dispute Settlement Halted By Federal Judge

    SEATTLE — A Washington federal judge refused to sign off on a joint motion filed by Eli Lilly and Co., two medical centers and two of their physicians who prescribe patients compounded versions of tirzepatide, a Food and Drug Administration-approved drug for diabetes and weight loss, for a consent judgment and permanent injunction to end a trademark case, finding that the motion “suffers from numerous defects.”

  • September 24, 2025

    Judge Denies Preliminary Injunction In Latest Copyright Case Over Hulk Hogan Tape

    TAMPA, Fla. — A federal judge in Florida dissolved a temporary restraining order against a radio personality barring him from publishing portions of a sex tape featuring the late professional wrestler known as Hulk Hogan in a documentary film about the tape; the judge held that the record indicated that the use of the tape in the film is likely a fair use.

  • September 22, 2025

    9th Circuit Denies App Maker’s Rehearing Bid In Peloton Infringement Suit

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals rejected an app maker’s request for panel rehearing or rehearing en banc, leaving in place a panel’s finding that factors “overwhelmingly” favored a finding that Peloton Interactive Inc.’s “Peloton Bike+” was not likely to be confused with the petitioner’s mobile app called “Bike+.”

  • September 17, 2025

    Weight Loss Company Loses Motion To Dismiss Trademark Infringement Case

    SAN DIEGO — The manufacturer of Ozempic, Wegovy and Rybelsus, fended off a motion to dismiss after a California federal judge found that a weight loss company facing claims of trademark infringement and unfair competition did not show that its application of the trademarks was within the nominative fair use doctrine.

  • September 11, 2025

    Clothing Maker Seeks Fees After Federal Circuit Reverses Infringement Verdict

    PHOENIX — After the Federal Circuit U.S. Court of Appeals reversed an Arizona federal jury’s more than $20 million award against a clothing maker in a design patent and trademark infringement dispute related to oversized sweatshirts, the company now tells the court that it is owed roughly $3.6 million in attorney fees and costs, arguing that the case was “exceptional.”

  • September 11, 2025

    8th Circuit: No Errors In Family Name HVAC Trademark Jury Instructions

    ST. LOUIS — An Eighth Circuit U.S. Court of Appeals panel said it found no error in a Missouri federal judge’s grant of summary judgment on copyright claims or jury instructions on trademark claims in a dispute over the use of a family name between two heating and air conditioning entities after a founding member of the family business started a new company, affirming findings adverse to the plaintiff-appellant entity.

  • September 10, 2025

    9th Circuit: Judge Tossed Trader Joe’s Trademark Suit Against Union Too Soon

    SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel revived Trader Joe’s Co.’s trademark infringement suit against a labor union representing employees at the company’s grocery stores, finding that a California federal judge wrongly applied the likelihood-of-confusion test when evaluating if tote bags and other products sold by the union infringed the company’s marks and prematurely held that the Norris-LaGuardia Act (NLGA) barred injunctive relief.

  • September 05, 2025

    No Errors In TTAB’s Denial OF Applicant’s Logo Marks, Federal Circuit Says

    WASHINGTON, D.C. — In a pair of nonprecedential opinions, a Federal Circuit U.S. Court of Appeals panel said the Trademark Trial and Appeal Board (TTAB) did not err in denying a pro se applicant’s request for registrations of two marks related to his sensor network product, leaving in place TTAB’s findings that the applications lacked a clear identification of the goods or services covered by the marks, among other issues.

  • September 05, 2025

    Judge: Tech Company Established Ownership In IP Fight With TikTok Before Trial

    SAN FRANCISCO — In a pair of orders, a California federal judge held that a China-based company adequately established that it owns the asserted copyrights and trade secrets in a “heavily litigated” dispute with TikTok Inc. and affiliated entities, including source code from an earlier video-editing app that preceded the plaintiff entity’s app.  The judge found that there is no triable issue of fact as to the ownership of the code.

  • September 05, 2025

    9th Circuit Transfers Fee Issue In Facebook Cybersquatting Trademark Suit

    SAN FRANCISCO  — Without providing explanation, the Ninth Circuit U.S. Court of Appeals granted a motion filed by Instagram LLC and Facebook Inc., now known as Meta Platforms Inc., (collectively, Meta) to transfer consideration of attorney fees on appeal to a district court in Meta’s trademark infringement suit against multiple Chinese-based companies for their alleged cybersquatting by using domain names purportedly infringing on Meta’s trademarks.

  • September 04, 2025

    N.Y. Federal Judge: Jurisdiction Discovery Needed In IP Row Started In California

    SYRACUSE, N.Y. — A federal judge in New York partly granted a professional employer organization (PEO) service company’s request for limited jurisdictional discovery in a trademark dispute with another entity offering similar services over the name “Pinnacle in what the judge called a “seemingly endless tug-of-war over jurisdiction,” noting that a California federal judge dismissed a trademark dispute with the same parties in opposite roles for jurisdictional reasons in early 2024.

  • September 04, 2025

    4th Circuit Upholds Preliminary Injunction Denial In Dance Team Name Mark Row

    RICHMOND, Va. — There was no error in a North Carolina judge’s decision to deny a charter school and its parent-teacher organization’s request for a preliminary injunction against a local dance company in the parties’ dispute over a trademark on a logo using the name “Inspire,” a Fourth Circuit U.S. Court of Appeals panel held, finding that factual questions remained as to the ownership and priority of use of the marks.

  • August 29, 2025

    Split Federal Circuit Again Sends 4-Letter Word Mark Application Back To TTAB

    WASHINGTON, D.C. — A split panel in the Federal Circuit U.S. Court of Appeals rejected an artist and designer’s constitutional arguments against the U.S. Trademark Trial and Appeal Board’s (TTAB’s) decision to deny his trademark applications for a vulgar word, but the panel still vacated the TTAB’s decision for lack of specificity, saying the TTAB’s “reasoning sounds in fact very much as though it has taken an ‘I know it when I see it’ approach to failure-to-function refusals.”

  • August 26, 2025

    Lilly, Medical Centers Agree To Settle Diet Drugs Trademark Case In Federal Court

    SEATTLE — Eli Lilly and Co., two medical centers and two of their physicians who prescribe patients compounded versions of tirzepatide, a Food and Drug Administration-approved drug for diabetes and weight loss, told a Washington federal judge that they have reached an agreement to end a trademark case filed by Lilly.