Blackwall Group, LLC v. Sick Boy, LLC, 2011 U.S. Dist. LEXIS 19808 (M.D. Fla. Feb. 11, 2011)Plaintiff Blackwall Group, LLC (“Blackwall”) operates “Sickboy’s Bad Habit Lounge”, a Daytona Beach, Florida restaurant and bar filed a Motion for Preliminary Injunction against Defendant Sick Boy, LLC (“SBLLC”) a purveyor of apparel and accessories including the mark “Sick
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Investigator's Evidence Proof for Temporary Restraining Order for Infringing Website and Counterfeit Goods
Bottega Veneta Int’l, S.A.R.L. v. Xuefeng Pan, 2011 U.S. Dist. LEXIS 2264 (S.D. Fla. Jan. 5, 2011)Plaintiff Bottega Veneta International, S.A.R.L.’s (“Bottega”) filed an Ex Parte Application for Entry of a Temporary Restraining Order and Preliminary Injunction against Xuefeng Pan (“Xuefeng”), d/b/a the website bottegavenetas.com. Bottega manufactures and designs luxury leather goods, handbags and apparel;…
Pandora's Box, False Designation of Origin & Standing of Non-Exclusive Licensees
Pandora Jewelers 1995, Inc. v. Pandora Jewelry, LLC, 2010 U.S. Dist. LEXIS 138384 (S.D. Fla. Dec. 21, 2010)The Plaintiff, Pandora Jewelers, Inc., has been in the business of selling and marketing jewelry from its retail store in Deerfield Beach, Florida since 1976. The Plaintiff has used the service mark PANDORA to market, sell, consign, appraise,…
Famous Brands: Infringement, Priority, and Discovery Violations
Lucky Brand Dungarees Inc., et al. v. Ally Apparel Resources LLC, USDC SDNY. Case No. 1:2005cv067 (May 5, 2010). not cited on Westlaw.Lucky Brand sued Marcel Fashion Group Inc., owners of the “GET LUCKY” apparel line and its licensee Ally Apparel for trademark infringement in 2005. However, the trademark “GET LUCKY” was registered and used…
Two Slashers and an Advertising Company: In Likelihood of Confusion, Actual Confusion of Plaintiff’s Customers and Type of Mark are the Most Important Factors
Caliber Automotive Liquidators, Inc. v. Premier Chrysler, Jeep, Dodge, LLC, 605 F.3d 931, 94 U.S.P.Q.2d 1866, 22 Fla. L. Weekly Fed. C 763 (11th Cir.(Ga.), May 07, 2010) (NO. 08-16179)Caliber Automotive Liquidators, Inc. service mark owner of “Slash-It! Sales Event” provides advertising and promotions to car dealerships. Premier Automotive Group is a car dealership that…
Infringement: No Secondary Meaning Outside of Los Angeles, Unregistered Mark, Geographic Breadth Between Two Marks, Different Theme and Style of Restaurants, & No Bad Faith Intent.
Dan Tana v. Dantanna’s., 2010 U.S. App. Lexis 14514 (11th Cir.), (C.A. 11, Jul. 15, 2010) Case No. 09-15123 Los Angeles restaurant Dan Tana sued Atlanta restaurant Dantanna’s for trademark infringement. The district court ruled in favor of Dantanna’s and the Appeal court affirmed. The Appeals court found there was material fact at issue on…
International Marks: Priority and Sufficient Use in the United States for Protection in the United States
Hamdard Trust v. Ajit Newspaper Advertising, Marketing and Communications, Inc., 2010 WL 3749085 (2nd Cir.(N.Y.), (Sep 28, 2010) (NO. 09-4965-CV)The Appeals court, applying de novo review, affirmed the District court’s order granting defendant’s motion for summary judgment. Plaintiff Sadhu Singh Hamdard Trust failed to prove that it “possessed a priority right to the use” of…
Fendi, Famous Brand Counterfeit, Willfulness, Acquiescence, Laches & Unclean Hands
Fendi Adele S.R.L. v. Ashley Reed Trading, Inc., 2010 U.S. Dist. LEXIS 13934 (S.D.N.Y. Feb. 16, 2010)The Plaintiff, the famous Italian fashion design company Fendi sued Defendant, Ashley Reed trading company for selling counterfeit leather handbags. Plaintiff successfully alleged that Defendant sold counterfeit handbags, of a lower quality than the real Fendi brand, willfully and…