Where a party-bus company, which sued a competitor for trademark infringement and deceptive trade practices, challenged the denial of its requests for the disgorgement of profits and for attorneys’ fees, the district court properly denied the requests based on findings ...

Tagged with: Deceptive Trade Practice Disgorgement trademark infringement

A Springfield company accused of conspiring to create a national advertising campaign to sell a knock-off cat toy has lost its appeal to reopen the lawsuit against it so it can seek attorneys’ fees. A three-judge panel of the 8th ...

Tagged with: 8th U.S. Circuit Court of Appeals Lathrop GPM Opfer Communications Inc. Purr N Play Ripple Rug SnugglyCat trademark infringement U.S. District Court for the Western District of Missouri

Defendants appealed from the grant of plaintiff’s motion to voluntarily dismiss without prejudice. Plaintiff had alleged that defendants advertised and marketed an infringing product but never actually manufactured it or delivered it to customers. Defendants moved to dismiss, arguing that ...

Tagged with: trademark infringement Use in Commerce Element Voluntary Dismissal without Prejudice

Defendant adopted the name Federated National Holding Company. Plaintiff became concerned defendant’s name was confusingly similar to its own, and the parties entered a coexistence agreement under which defendant agreed to adopt a new name within seven years and provide ...

Tagged with: Coexistence Agreement Personal Jurisdiction trademark infringement

Plaintiff filed a trademark-infringement suit after obtaining incontestability status for its mark that carried a presumption of secondary meaning, which a prior jury rejected. Defendant filed counterclaims alleging plaintiff obtained incontestability status through fraud. The district court entered judgment for ...

Tagged with: Administrative Incontestability Determination trademark infringement

Martinizing International, LLC v. BC Cleaners, LLC (MLW No. 70477/Case No. 16-1069 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.)

Tagged with: Deceptive Trade Practice intellectual property Minnesota Law trademark infringement

Warner Bros. Entertainment, Inc. v. X One X Productions (MLW No. 69862/Case No. 15-3728 – 14 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.)

Tagged with: intellectual property Permanent Injunction Statutory Damages trademark infringement

Lovely Skin, Inc. v. Ishtar Skin Care Products (MLW No. 66145/Case No. 12-3631 – 18 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.)

Tagged with: intellectual property trademark infringement

The First National Bank in Sioux Falls v.First National Bank South Dakota (MLW No. 63710 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.)

Tagged with: Attorney’s Fees Gruender intellectual property trademark infringement

A small St. Louis graphic design firm is taking on Microsoft Corp. over the use of the name “Bing.” Bing! Information Design sued Microsoft on Wednesday in St. Louis Circuit Court, alleging trademark infringement and unfair competition over the name ...

Tagged with: lawsuit Simon Law Firm St. Louis Circuit Court trademark infringement

A federal trademark infringement lawsuit involving a dispute over the numerals 888 and 800 ended Friday with six new digits in favor of the plaintiff. U.S. District Judge James England awarded a $600,000 judgment to a Joplin legal referral service, ...

Tagged with: trademark infringement