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Champagne Region Expands in Order to Expand Vintners' Profits
2008-03-19 05:27:00
Champagne sparkling wine only comes from the Champagne region of France, right? Until the Champagne region of France moves, that is. The Institut national de l’origine et de la qualite, which governs the Appellation d’Origine Controlee designation for Champagne, is set to expand the appellation’s boundaries, which currently spans 319 villages in north-eastern France. What wasn’t “true” Champagne will soon be the real McCoy. In other words, vineyards that arbitrarily got the stamp of approval soon will be joined by new vineyards that also arbitrarily get the stamp of approval. The reason behind the move? Increased demand for Champagne in Russia and China.Of course, this is great news for neighboring viticulturalists. A French official was quoted as saying: “If your vines fall on the wrong side of the divide, they will be worth 5,000 euros a hectare. On the other side they will be wor...
More About: Champagne , Profits , Order , Region

Federal Courts Release Report on 2007 Case Statistics
2008-03-18 05:43:00
Last week, the Administrative Office of the United States Courts released its annual report on the “Judicial Business of the United States Courts.” There’s a lot of statistical information in there. Most is organized by judicial district, but some is broken down into both case area and judicial district. For instance, the report states 49 trademark cases were filed in the Western District in the year ending September 30, 2007. Sixty-three trademark cases were terminated in that time, and 29 were pending. Those figures are a bit higher than my own analysis of Western District trademark cases (see here and here). My review of the federal courts’ PACER database in January showed that 28 trademark cases were filed in the Western District in the calendar year 2007, and 51 cases filed between 2005 and 2007 were closed. I did not count cases that remained pending in 2007.The courts’ report shows the Western District...
More About: Report , Statistics , Release , Case

Infringement Safari: Seattle
2008-03-16 17:47:00
Apple’s iPod ad campaign has been copied and spoofed dozens of times. Nonetheless, Apple can’t be too happy about San Francisco-based Specialty’s Cafe and Bakery’s latest ads. I saw this placard yesterday in downtown Seattle . The worst of it is, these shops are quite good and well-known. Apple’s campaign is no longer fresh, and the link between ordering sandwiches and the Internet seems pretty weak. So why did Specialty’s copy Apple’s ads? It should be beneath them.
More About: Safari , Dilution , Infringement

Does ZOVA for Women's Apparel Infringe ZOVO for Lingerie?
2008-03-13 04:39:00
  On March 7, Seattle-based Zovo Lingerie Co., LLC, filed a trademark infringement suit in the Western District against DHM Enterprises and Deanna Hodges, collectively doing business as Zova LA. At issue is whether defendants’ ZOVA and ZOVA LA trademarks are likely to confuse consumers with plaintiff’s registered ZOVO and ZOVO LINGERIE marks.Also at issue is whose rights are senior. The complaint alleges that plaintiff sent defendants a cease-and-desist letter in November 2007, to which defendants responded by claiming they have senior rights because they first used ZOVA and ZOVA LA in 2001. Plaintiff’s complaint claims a trademark priority date of November 2004.The case cite is Zovo Lingerie Co., LLC v. DMH Enterprises, Inc., No. 08-393 (W.D. Wash.).
More About: Apparel

Trademark Claim Winner Not a Prevailing Party Against Association
2008-03-12 05:04:00
Even though MONY Life Ins. Co. prevailed in its counterclaim to cancel Van Well Nursery, Inc.’s trademark registration, on March 10 the Eastern District of Washington found it was not a prevailing party in its third party action against the National Licensing Association , of which Van Well Nursery is a member. Since it was not a prevailing party, the court found it necessarily could not establish its case was “exceptional” for attorney’s fees purposes. (Previous STL coverage here.)For background purposes, in May 2004 the NLA brought suit in the Eastern District against MONY and others alleging trademark and patent infringement. However, the court dismissed NLA’s complaint without prejudice based on NLA’s lack of standing and the court’s lack of subject matter jurisdiction.In July 2004, Van Well Nursery and Hilltop Nurseries brought suit in the Eastern District against MONY and others, repeating the claims the NLA had ...
More About: Party , Winner , Trademark

Signs of Confusion
2008-03-11 05:15:00
Paid for by Concerned Citizens for a Better America? Photo credit: Monica Guzman/Seattle P-IThe Seattle Post-Intelligencer’s Big Blog last week reported on some controversial political billboards popping up around Seattle. The ads say they’re paid for by “Concerned Citizens for a Better America.” The Southern Calif.-based Citizens for a Better America, however, says it’s not behind the ads, and it’s none too happy that another organization has infringed its registered trademark and misled the public into believing it’s responsible. Clear Channel, the billboards’ owner, apparently is keeping mum about who’s been writing the checks.
More About: Signs , Confusion

Utah Repeals Keyword Advertising Ban
2008-03-09 20:04:00
Last year, STL reported on Utah ’s Trademark Protection Act, which potentially prohibited advertisers from purchasing trademarks owned by others as search engine keywords (see posts here and here). As the Google Public Policy Blog explained, “[I]f a department store like Macy’s wanted to advertise that they sell Nike shoes, under the Utah law they would not have been able to use the term ‘Nike’ to trigger an ad for their store.” (As would be expected, Google Inc. criticized Utah’s regulation.)That one state purported to regulate the Internet illustrated the problems localized regulations can cause for users of a system that knows no borders.Though the statute was never enforced, it is now officially dead. A March 5 amendment repealed the provisions allowing for the registration and enforcement of an “electronic registration mark,” the means the statute used to prevent advertisers from purcha...
More About: Advertising , Keyword

Class Notes: Trade Dress Presentation
2008-03-06 19:55:00
I was fortunate enough to fill in for my esteemed partner, Bob Cumbow, last night in his trademark law class at Seattle University. The subject was trade dress — one of my favorites. Here’s a copy of my PowerPoint talking points. Why was Bob absent? He’s in the “other” Washington speaking at Howard University School of Law’s Institute of Intellectual Property and Social Justice CLE on “Louis Vuitton, Starbucks, and the Red Hot Chili Peppers: The Trade mark Year in Review.” Wish I could be there for that one, but am so glad I could get back to teaching — if only for one night.
More About: Dress , Notes , Class , Presentation

Western District Denies Derek Andrews' Motion for Reconsideration
2008-03-05 07:23:00
Following up on my post here, on Feb. 22, the Western District denied clothier Derek Andrew, Inc.’s motion asking the court to reconsider its partial denial of Dererk Andrew’s motion for preliminary injunction against fitness drink maker Vital Pharmaceuticals, Inc. STL readers may recall that Judge James Robart imposed a preliminary injunction enjoining Vital from using the word REDLINE by itself on clothes advertising its drinks, but did not enjoin Vital from using REDLINE in connection with the words, “The ultimate energy rush.” The injunction stemmed from Derek Andrew’s RED LINE trademark for clothing.In response to Derek Andrew’s motion, the court found:“Plaintiff argues that because the parties’ earlier briefing did not focus on the added slogan ‘The ultimate energy rush,’ Plaintiff did not adequately address the likelihood of confusion between RED LINE and ‘REDLINE, The ultimate energy r...
More About: Motion , Andrews

Lifestyle Lift Sues Owner of RealSelf.com Web Site for Trademark Infringeme
2008-03-04 03:57:00
In January, Lifestyle Lift Holding, Inc., filed suit in the Eastern District of Michigan against Seattle-based Realself, Inc. Lifestyle licenses its registered LIFESTYLE LIFT trademark to cosmetic and plastic surgery centers. Realself owns the www.RealSelf.com Web site it describes as an “independent health and beauty community for consumers to engage in an authentic conversation about ‘anti-aging’ product and treatments.” Lifestyle alleges that Realself’s Web site contains a link that takes viewers to a page that “purports to be an information page about ‘Lifestyle Lift,’” and another labeled “Michigan Lifestyle Lift” that takes viewers to a page listing physicians who are not affiliated with Lifestyle Lift. Lifestyle also alleges that Realself’s Web site contains pages with Lifestyle’s LIFESTYLE LIFT trademark in the “title, metaname/description, an...
More About: Site , Owner , Trademark

Western District Denies Motion to Dismiss Contributory Infringement Claim
2008-03-02 19:39:00
In ProteoTech, Inc. v. Unicity International, Inc., plaintiff ProteoTech alleges the University of Washington granted it an exclusive license to use certain technology. Thereafter, ProteoTech granted an exclusive, limited field of use license with respect to the technology to third-party defendant Rexall Sundown, Inc. Through various corporate transactions, a Rexall subsidiary was combined with another company and then purchased by a third entity that became known as defendant Unicity. ProteoTech alleges that Rexall granted a non-exclusive, transferable sublicense to Unicity’s predecessor. ProteoTech also alleges that PTI-00703 is a registered trademark (for dietary supplements) in which it retains all rights despite its lack of use. ProteoTech claims that Rexall was not authorized to sublicense the technology at issue to Unicity. Last year, it filed suit in the Western District , claiming in pertinent part that Rexall is liable ...
More About: Infringement , Motion

Chinese Court Redresses Trademark Infringement with Huge Damages Award
2008-03-01 19:30:00
The China Business Law Blog recently published two posts (here and here) about a 20 million yuan ($2.8 million) trademark infringement award by the Hangzhou Intermediate People’s Court. That’s a far cry richer than the 500,000 yuan ($64,000) Starbucks won last year in its trademark infringement suit (STL post on the decision here; discussion of the damages calculation in that case here). So why the (relatively) big award this time? Here’s how the China Business Law Blog explains it:“The court’s award of damages in [G2000 v. 2000] is intriguing. Plaintiff pleaded for damages totaling 20,000,000 Yuan (that is right, 20 million). And the Court ordered the Defendants to turn over the figures for total sales, profits, etc. for the goods complained of in the relevant period of time, but the Defendant failed to do so. Generally, Chinese courts award damages to a plaintiff in an IP infringement case to the extent of a defendantR...
More About: Infringement , Award , Huge , Trademark

Profile of Western District Judge Benjamin Settle Published
2008-02-28 03:17:00
Mary Whisner points out in her Trial Ad (and other) Notes blog that the Federal Bar Association of the Western District of Washington has published a profile of Benjamin Settle , one of the Western District’s newest judges (article starts on page 7). This is a great introduction to Judge Settle, and one those who practice in the Western District should read. (STL’s July 10 post on Judge Settle here).Of particular interest to local practitioners:“Judge Settle has a couple of tips for lawyers who will appear before him. First, get to the heart of the matter as soon as possible. Most cases can be evaluated within a month of arriving in the office, and the client is best served when lawyers zero in on the optimal resolution without going down ‘bunny trails.’ And second, make a bona fide effort to settle early. In cases where attorney fees may be awarded to the prevailing party, Judge Settle will always look to see if the attorneys were more interes...
More About: Profile , Published

European Court Protects Geographic Designation for Parmesan Cheese
2008-02-27 05:06:00
As STL readers know, Champagne only comes from the Champagne region of France (STL post here). And Wild American Shrimp only come from “their native habitat in the coastal waters of the Gulf and East Coasts of the United States” (STL post here). As I suspect Italians have long known, true Parmesan cheese only comes from Italy. The five regions around Parma, in northern Italy, to be exact, and is made only from raw milk, with no additives, and is aged at least one year. At least that’s what the European Court of Justice ruled today.Billboard at the border of Parma and Piacenza announcingthe home of Parmigiano-Reggiano cheee. Photo credit: J.P. LonThe ruling was a setback for German producers whose “Parmesan” cheese was deemed to be imitation. In so ruling, the court rejected Germany’s argument that the name was generic for a type of hard, crumbly cheese that is often grated over food....
More About: Cheese , European Court

Trademark Dilution Weekend (Part 2)
2008-02-24 19:18:00
On Feb. 21, the Ninth Circuit took the unusual step of amending its six-month old decision in Jada Toys, Inc. v. Mattel, Inc., deciding the “new” standards established in the October 2006 Trademark Dilution Revision Act apply to Mattel’s dilution counterclaim, not the old standards set forth in the Federal Trademark Dilution Act. In doing so, the court applied the TDRA’s “likelihood of dilution” standard, four-factor test for assessing fame, and six-factor test for determining the existence of “dilution by blurring.” After applying these standards, the court found the result was the same as under the old standards: a reasonable trier of fact could conclude that Jada Toys’ HOT RIGZ mark, used in connection with toy trucks, was likely to dilute Mattel’s famous HOT WHEELS mark used in connection with toy vehicles.The court’s Aug. 2, 2007, decision applied the old “actual dilution&...
More About: Weekend , Part

Trademark Dilution Weekend (Part 1)
2008-02-23 21:14:00
There’s a whole lotta dilution goin’ on. That’s why this weekend is Trademark Dilution  Weekend . Today: XEROX and GOOGLE. Tomorrow: the Ninth Circuit’s amended decision applying the “new” Trademark Dilution Revision Act standards in Jada Toys v. Mattel, Inc.The Afro-IP blog, all the way from South Africa and the United Kingdom, apparently follows U.S. politics pretty closely, because yesterday it latched onto a phrase Hilary Clinton used in her Feb. 21 debate with Barack Obama. She reportedly called him the candidate of “change you can Xerox.” Ms. Clinton’s line reportedly drew boos from the audience, but probably not because of its implications on Xerox’s well-known brand.Afro-IP points out that Ms. Clinton’s statement — now re-published in headlines around the world — is something of a setback for Xerox Corp., which has campaigned against the public’...
More About: Part

Western District Grants Preliminary Injunction Against Fitness Drink Maker
2008-02-22 02:53:00
On Feb. 5, Western District Judge James Robert granted in part and denied in part Bellevue-based apparel designer Derek Andrew, Inc.’s motion for preliminary injunction against fitness drink manufacturer Vital Pharmaceuticals, Inc. Derek Andrew sells a line of clothing and related products under its RED LINE trademark. Vital sells a line of fitness drinks under its REDLINE trademark. The problem, the court found, was with Vital’s use of athletic clothing and related goods to promote its REDLINE drink. To the extent Vital used REDLINE alone on such goods (which the court found Vital voluntarily had stopped doing), the court found that Derek Andrew had demonstrated a likelihood of confusion. However, the court found no such likelihood of confusion existed when Vital uses REDLINE accompanied by the slogan, “The Ultimate Energy Rush.” These additional words, the court found, “sufficiently identifies [Vital’s] attempts to advertise ...
More About: Fitness , Drink , Maker , Grants

Western District Refuses to Reconsider Dimissal of Cybersquatting Claim
2008-02-21 02:35:00
As discussed on Feb. 14, The Christensen Firm moved the Western District to reconsider its summary judgment dismissal of the firm’s cybersquatting and Consumer Protection Act claims against its Web site development vendor, Chameleon Data Corp., and its president, Derek Dohn. In doing so, plaintiff argued it was “manifest error” for the court to find the marks contained in the domain names defendants allegedly transferred to themselves without plaintiff’s authorization “were either generic (cc-lawfirm) or descriptive (The Christensen Firm).”Today, the court denied plaintiff’s motion. In a minute order issued by the clerk, the court found:“Plaintiff’s motion simply rehashes arguments already made and rejected by the Court. The Court, however, will take this opportunity to clarify that, although it continues to hold the mark ‘cc-lawfirm’ is generic, it would reach the same conclusion concerning p...
More About: Cybersquatting

"Meet the Bloggers" Lineup Reveals Some Great Trademark Blogs
2008-02-20 07:37:00
Jeremy Phillips of IPKat fame (among other blogs) is graciously organizing this year’s “Meet the Bloggers ” gathering at the International Trademark Association’s annual meeting, which will be held in May in Berlin. His list of expected attendees provides a treasure-trove of trademark- and IP-dedicated blogs — most of which are published outside the States, and many of which I have never stumbled upon. They’re all worth a look, if not a link, subscription, or regular visit: Afro-IPCatch Us If You Can !!! (English and Italian)Class 46IMPACT IP FinanceIPEG IPJUR (English and German)IPKatLucentinus (Spanish)Nake d LawPetit Musee des Marques (French)Peter GrovesRychlicki.net (English and Polish)Seattle Trademark LawyerSOLO IPSpicy IPTrademark BlogTransblawg (English and German)TTABlogRemember, you can use Babel Fish and Google to translate non-English language blogs in a snap. (STL post&nb...
More About: Blogs , Great

Qpass Files Trademark Suit Against Kupass
2008-02-19 08:39:00
Seattle-based Qpass, Inc., filed suit in the Western District on Feb. 6 against Kupass Corp. Both parties allegedly provide application provider services. According to the complaint, Qpass started using its registered trademark QPASS in 1998 in connection with making software available to end-users to facilitate on-line membership services, payment services, and the sale of goods and services over computer networks. The complaint states Kupass began using KUPASS in 2006 in connection with hosting computer software applications for use by others. Qpass alleges: “The KUPASS Mark is confusingly similar to the QPASS Mark in sight, sound, and commercial impression. Defendant’s use of the KUPASS Mark in business activities that are closely related to Plaintiff’s business activities, namely, in connection with the provision of ASP services, is likely to cause confusion in the trade to Plaintiff’s detriment.” Kupass has not yet filed an answer. T...
More About: Files , Trademark , Suit

Cautionary Tale: Hire Trademark Attorney or Change Name -- Three Times
2008-02-16 21:19:00
The Seattle Times ’ Feb. 15 Retail Report offers a cautionary tale for business owners who adopt a trademark before talking to a trademark attorney:”Zenith Vineyard in Oregon’s Willamette Valley might win the viticultural prize for having the most names in the shortest period. D.A. Davidson food-industry analyst Tim Ramey settled on Zenith after trademark disputes over his vineyard’s two other names.“Two years ago, London-based Diageo opposed the first name, Belle Provenance Vineyard, saying it was too close to that of Provenance Vineyards in Napa Valley. Ramey then tested the name Belle Orgine Vineyard but ran into trouble with Albertsons over its private-label wine called Origin. Finally, last year he changed the name to Zenith Vineyard.“‘We were never willing to hire a trademark attorney for $10,000, so that’s why we got all this wonderful on-the-job education,’ Ramey said.”This is frustrating for a trademark la...
More About: Hire , Change , Attorney , Trademark

Western District Dismisses Law Firm's Cybersquatting Claim Against Vendor
2008-02-15 05:08:00
Seattle-based solo law firm The Christensen Firm claims it’s having trouble with its Web development vendor. Last March, if filed suit in King County Superior Court against Chameleon Data Corp. and its president, Derek Dohn, on the alleged ground that defendants transferred ownershi p of plaintiff’s four domain names (thechristensenfirm.com, thechristensenfirm.net, christensenfirm.com, and cc-lawfirm.com) to themselves without plaintiff’s authorization, and shut down email service to addresses associated with plaintiff’s primary domain name, cc-lawfirm.com. Plaintiff claims defendants did so to obtain leverage in the parties’ dispute over the defendants’ bill. Defendants subsequently removed the case to the Western District .On Jan. 31, Judge Thomas Zilly granted defendants’ motion to dismiss plaintiff’s cybersquatting and Consumer Protection Act claims on summary...
More About: Cybersquatting

Circuits Split Over Which Trademark Dilution Standard Applies
2008-02-14 06:53:00
Let me finish a post I’ve been wanting to write for a few days now. With the Northern District of California’s understandable decision this week in Phase Forward Inc. v. Adams (STL post here) to follow its appellate court’s lead in Jada Toys, Inc. v. Mattel, Inc. (STL post here), I can’t help but face the fact that we have another split in the circuits over trademark dilution — the very thing the Trademark Dilution Revision Act was supposed to avoid. On the one hand, we have courts in the Second and Fourth Circuits applying a schizophrenic test to determine whether the old standards under the Federal Trademark Dilution Act, or the new standards under the Trademark Dilution Revision Act, apply to cases that were pending on October 6, 2006, the date the TDRA was enacted. (See posts here and here.) This matters a lot because the old standards allowed for niche-market fame but required actual dilution, ...
More About: Standard , Split

Wineries to Duke It Out Over FOOTE Mark
2008-02-13 05:50:00
On Feb. 8, the owners of Washington’s E.B. Foote Winery filed suit in the Western District against the owners of southern California’s Foote Printe Winery. Plaintiffs allege that defendants’ use of FOOTE PRINT WINERY and Design infringe plaintiffs’ registered trademarks, E.B. FOOTE and E.B. FOOTE WINERY and Design, which plaintiffs and their predecessors claim to have used since 1978.Defendants have not yet answered plaintiffs’ complaint. The fact that their surname is Foote would seem to help their cause.The case cite is Miller v. Foote, No. 08-00215 (W.D. Wash.).
More About: Duke , Wineries , Mark

Court Grants Reconsideration of Dilution Dismissal Based on Jada Toys v. Ma
2008-02-12 06:05:00
In Phase Forward Inc. v. Adams, plaintiff brought suit in 2005 against defendant Mary Noel Adams stemming from defendant’s use of the trademark PHASE FORWARD.After the Trademark Dilution Revision Act was enacted in October 2006, defendant moved for summary judgment on the ground that plaintiff’s mark did not meet the amended definition of a “famous mark” as one “widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the mark’s owner.” In filing its dilution claim, plaintiff had relied on the Ninth Circuit’s previous recognition of niche-market fame as a valid form of dilution.At that time of defedant’s motion, the Ninth Circuit had not addressed the issue of whether the TDRA would be applied retroactively, though the Second Circuit in Starbucks Corp. v. Wolfe’s Borough Coffee, Inc., 477 F.3d 765, 766 (2d Cir. 2007) (STL post here), had applied ...
More About: Toys , Grants , Jada , Court

Western District Stays But Does Not Dismiss 1-800-JUSTICE Infringement Case
2008-02-10 02:01:00
Plaintiff Just Enterprises, Inc., owns a federal registration for 1-800-JUSTICE for “legal referral services.” Defendant Phillips & Webster, PLLC, is a Woodinville, Wash.-based personal injury law firm. Just Enterprises alleges in its complaint filed in the Western District of Washington that P&W has licensed and currently uses 888-JUSTICE in connection with its law firm in a manner that is likely to cause confusion with Just Enterprises’ mark. P& W brought a motion to dismiss on grounds of fair use, among other defenses.On Feb. 7, Judge Robert Lasnik denied P&W’s motion, but stayed the action based on a prior similar pending action in the Western District of Missouri.The court’s opinion provides a nice discussion of the fair use defense with regard to telephone number trademarks:“Defendant maintains that its use of 1-888-JUSTICE in its television advertisements is a fair u...
More About: Justice , Infringement , Case

WSBA's 13th Annual Intellectual Property Institute Coming March 7
2008-02-07 06:13:00
The Washington State Bar Association has great lineup for the 13th Annual Intellectual Property Institute , scheduled for March 7 at the Washington State Convention and Trade Center. This year’s copyright and trademark track includes sessions on the following: Trademark Year in Review; Revisions to the Trademark Trial and Appeal Board and Practical Tips; Fair Use and the First Amendment; Licensing Intellectual Property ; Second Life and Online Liability; and Ethics in Intellectual Property Counseling. In the afternoon, I’m scheduled to speak on a panel on Design Patents and Trade Dress. Brochure here; register here (cost is $245, including lunch and 6.25 CLE credits). I hope to see you there!

Florida Court Dismisses Trademark Dispute Over '80s Band Expose'
2008-02-06 06:00:00
In November, Crystal Entertainment & Filmworks, Inc., brought suit in the Southern District of Florida against members of the 1980s band Exposé on the ground that it — not performers Jeanette Jurado, Ann Curless Weiss, Gioia Bruno, and Kelly Moneymaker — owns the EXPOSÉ name and common law trademark. The complaint alleged that the band members entered into agreements stating that Crystal’s predecessor owned the mark, which the predecessor assigned to Crystal, as well as a 2006 trademark license agreement with Crystal. The complaint stated claims for false designation of origin, cybersquatting, state unfair competition, breach of contract, and constructive trust.Unfortunately for Crystal, the complaint failed to plead a basis for federal jurisdiction. On Jan. 23, Judge William Zloch dismissed the complaint without prejudice of his own accord:“The Court notes that the Federal courts are of limited jurisdiction. The presumption, in...
More About: Band , Expose , Trademark

Chinese Official Explains How His Court Calculated Infringement Damages
2008-02-05 07:13:00
The December 2007 issue of China Intellectual Property magazine had a nice write-up about the Starbucks Corp. v. Shanghai Xingbake Cafe Corp. Ltd. trademark infringement case that Shanghai’s No. 2 Intermediate People’s Court decided last year. The case (which STL discussed here) was important because it was the first time China’s new Trademark Law had been applied to a famous trademark.Starbucks and Xingake logosPhoto credit: East Midlands China Business BureauBesides the detailed summary of the case, what I found most interesting was its explanation as to how the court calculated its RMB 500,000 ($64,000) damages award. Here’s an excerpt:“The compensation claimed by the plaintiffs totalled RMB 1,060,000 including RMB 500,000 for economic losses and RMB 560,000 for reasonable expenses and legal fees. The defendants argued that the calculation of the plaintiffs’ profits was groundless, and thus should not be ...
More About: Chinese , Infringement , Damages , Official

No Judgment as a Matter of Law in Baden v. Molten False Advertising Case
2008-02-04 01:40:00
STL readers may remember the patent infringement and false advertising case of Baden Sports, Inc. v. Kabushiki Kaisha Molten and Molten U.S.A., Inc., that went to trial in the Western District last August. The jury awarded Baden more than $8 million to compensate it for Molten’s intentionally falsely advertising that its basketballs were “innovative technology that is proprietary to Molten.” (STL’s posts on the case here, here and here.)Following the jury’s verdict, Molten moved for judgment as a matter of law on the ground that Baden’s false advertising claim as presented to the jury should be vacated because the claim is barred by the Supreme Court’s decision in Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003).On Jan. 28, Judge Marsha Pechman denied the motion. Explaining the decision, the court stated: “Dastar held that a false advertising claim under § 43 of the Lanham Act cannot be based on ...
More About: Advertising , Matter , Case , Judgment , False Advertising