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January 2004
(Issue No. 1: Decisions published Dec. 16-31)
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Second Circuit
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Internet Pop-Up Ads Violate Lanham Act |
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1-800 Contacts, Inc. v. WhenU.com, et al. (granting motion for preliminary injunction) |
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Defendant's BACARDI O Rum Mark Does Not Infringe Plaintiff's GEORGI O Vodka Mark |
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Star Industries, Inc. v. Bacardi & Company Ltd. Corp., et al. (judgment for Defendants following bench trial) |
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Circuit Court Of Appeals:
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Court Affirms Denial Of Recall, Injunctive Relief, And Award Of Profits In Action By Gucci Against Seller Of Counterfeit Handbags |
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Gucci America, Inc. v. Daffy's, Inc., et al. (affirming district court's denial of recall order, injunctive relief, and accounting of profits) |
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Circuit Court Of Appeals:
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District Court's Entry Of Judgment As Matter Of Law Following Jury Trial Reversed And Remanded Due To Errors Regarding Genericness, Likelihood Of Confusion, And Dilution |
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Ty Inc. v. Softbelly's, Inc., et al. (reversing entry of judgment as a matter of law by district court following jury trial) |
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District Court Did Not Err In Denying Defendant's Preliminary Injunction Motion Because Defendant's Round Thermostat Design Was Functional And Not Entitled To Trade Dress Protection Despite Incontestable Trademark Registration |
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Eco Manufacturing LLC v. Honeywell International Inc. (affirming denial of Defendant's motion for a preliminary injunction) |
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Attorneys' Fees Denied To Prevailing Defendants Because Plaintiff Presented Some Evidence Of Secondary Meaning And Suit Was Not "Oppressive" |
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Peaceable Planet, Inc. v. Ty, Inc., et al. (defendants' motion for attorneys' fees denied) |
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Defendants' Website And Cease And Desist Letter Did Not Create Jurisdiction, Despite Adverse Effects On Plaintiff In Forum |
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Softee Manufacturing, LLC v. Mazner, et al. (granting motion to dismiss based on lack of jurisdiction) |
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Court Determines Trademark Ownership Dispute And Awards Equitable Relief, But Denies Damages Due To Laches |
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Gaffrig Performance Industries, Inc. v. Livorsi Marine, Inc. (decision after bench trial) |
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Circuit Court Of Appeals:
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Order Granting Attorneys' Fees Was Supported By Sufficient Undisputed Evidence Of Willful And Deliberate Infringement |
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Earthquake Sound Corporation v. Bumper Industries (attorneys' fees award affirmed) |
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Artist's Photos Of BARBIE Dolls Are Protected Fair Use |
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Mattel, Inc. et al. v. Walking Mt. Productions, et al. (affirming summary judgment for defendants) |
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