Justia Trademark Opinion Summaries

OBC appealed the district court's grant of summary judgment for Excelled in a trademark dispute over use of the brand-name ROGUE on t-shirts. The Second Circuit held that Excelled failed to show entitlement to summary judgment dismissing OBC's trademark infringement counterclaims. In this case, Excelled failed to meet its burden of proving that OBC's delay in bringing suit was unreasonable and caused prejudice to Excelled. Therefore, the court vacated the district court's grant of summary judgment to Excelled, dismissing OBC's counterclaims, alleging trademark infringement, false designation, and unfair competition.The court reversed the district court's grant of summary judgment to Excelled on its infringement claims and the district court's denial of OBC's motion for summary judgment dismissing these claims. The court also reversed the award of injunctive relief and damages and fees against OBC. Finally, the court vacated the district court's grant of summary judgment to Excelled on OBC's trademark cancellation counterclaim because the district court erroneously relied on determinations of disputed facts about the continuity of Excelled's sales that usurped the province of the jury. View "Excelled Sheepskin & Leather Coat Corp. v. Oregon Brewing" on Justia Law

This case stemmed from the parties' dispute over adjudicating rights associated with The Sloppy Tuna, a restaurant in Montauk, NY. On appeal, Montauk challenged the district court's dismissal of its Lanham Act claims and motion for preliminary injunction under the first-filed rule. Montauk also challenged the district court's order to pay costs, including attorneys' fees, that Associates incurred in responding to a previous action Montauk brought against Associates in Georgia state court that Montauk voluntarily dismissed. The Second Circuit held that, because New York law allowed for derivative representation on the facts presented, the district court correctly rejected Montauk's request to hold Associates in default. Nonetheless, the court vacated the district court's dismissal of the complaint and preliminary injunction motion in favor of a first-filed federal Georgia action because the Georgia suit was transferred to the Eastern District of New York, so the reasoning behind the first-filed ruling no longer applied. Finally, the court affirmed the district court's award of costs under Federal Rule of Civil Procedure 41(d), including attorneys' fees, incurred by Associates in the Georgia state action. View "Montauk U.S.A., LLC v. 148 South Emerson Associates LLC" on Justia Law

Plaintiff filed suit under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961, et seq., challenging the district court's judgment in favor of defendants. In this case, plaintiff alleged that defendants were members of two enterprises that conspired to sue plaintiff for, inter alia, trademark infringement. The Second Circuit held that the alleged litigation activities did not constitute RICO predicate acts. The court also held that the district court did not abuse its discretion in denying plaintiff leave to amend, plaintiff's motion to disqualify, and defendants' motions for sanctions. Accordingly, the court affirmed the judgment. View "Kim v. Kimm" on Justia Law