Justia Trademark Opinion Summaries

The case involves the Luca McDermott Catena Gift Trust (Appellant) and two related family trusts, all of which are minority owners of California-based Paul Hobbs Winery, L.P. (Hobbs Winery). The trusts collectively own 21.6% of the partnership. Hobbs Winery owns the registered trademark PAUL HOBBS for wines. The Appellant and the two related family trusts filed a consolidated petition to cancel the registered marks ALVAREDOS-HOBBS and HILLICK AND HOBBS, owned by Fructuoso-Hobbs SL and Hillick & Hobbs Estate, LLC (Appellees), respectively. The petition alleged that the use of these marks by the Appellees was likely to cause confusion in the marketplace with Hobbs Winery's use of PAUL HOBBS for the same goods.The Appellees moved to dismiss the petition, arguing that the family trusts were not entitled by statute to cancel the challenged marks because they were not the owners of the allegedly infringed PAUL HOBBS mark. The U.S. Patent and Trademark Office Trademark Trial and Appeal Board (the Board) granted the motions to dismiss, concluding that the family trusts lacked a statutory entitlement to bring the cancellation action. The Board also concluded that the family trusts had failed to adequately plead likelihood of confusion and fraud.The United States Court of Appeals for the Federal Circuit affirmed the Board's decision. The court found that the Appellant lacked entitlement to a statutory cause of action under 15 U.S.C. § 1064. The court held that the Appellant's alleged injury, the diminishment in value of its ownership interest in Hobbs Winery due to Appellees' use of their marks, was merely derivative of any injury suffered by Hobbs Winery itself and was too remote to provide the Appellant with a cause of action under § 1064. View "LUCA MCDERMOTT CATENA GIFT TRUST v. FRUCTUOSO-HOBBS SL " on Justia Law

This consolidated appeal stemmed from the trusts' motion for a temporary restraining order and preliminary injunction enjoining the use of Phyllis Schafly's intellectual property. The Eighth Circuit affirmed the denial of preliminary injunctive relief under 28 U.S.C. 1292(a)(1) and held that the trusts would not be entitled to the traditional presumption of irreparable harm in trademark cases because they did not promptly seek preliminary injunctive relief concerning the trademark infringement, regardless of whether the presumption survived recent Supreme Court decisions emphasizing the movant's burden to show that irreparable injury was likely in the absence of an injunction. The court dismissed the appeal of the order staying litigation for lack of appellate jurisdiction, because the order was temporary and did not effectively end the litigation. View "Phyllis Schlafly Revocable Trust v. Cori" on Justia Law