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Tag: trademark infringement

Jul 10, 2020

Singing About Brands: Expressing Emotions in Song

Music Branding

Music is a demanding form of expression. For an artist to communicate through lyrics in a song, the artist must conform his or her ideas within a time signature and in rhythm. When artists are limited in the number of syllables to express an idea or tell a story, they need to find shorthand ways to communicate. For many artists, they find the shorthand that they need to convey ideas, evoke emotions, and connect with their audiences in brands. For example, in 1966, Wilson Pickett told us he bought his paramour Sally a new 1965 Ford Mustang. Mr. Pickett’s audience… Read more

Sep 12, 2019

Trademark Decisions at the ITC May Have Preclusive Effect at the District Court

Picture of Segway

On May 18, 2016, Segway filed a Complaint with the International Trade Commission (ITC) alleging violations of 19 U.S.C. § 1337 based on the infringement of six patents and two trademarks. On March 21, 2017, Swagway, one of the Respondents, moved for partial termination of the investigation regarding the trademark infringement allegations by asking for a consent order stipulation to be entered where Swagway stipulated that it would not sell or import SWAGWAY-branded personal transporter products as well as all components thereof, packaging and manuals therefor. Before the Administrative Law Judge (“ALJ”) ruled on Swagway’s motion for consent order, the… Read more

Aug 15, 2018

National Grange Again Victorious in the Eastern District of California

California Grange Summary Judgement

On August 13, 2018, Judge Shubb of the Eastern District of California awarded sweeping relief to SGR client the National Grange of the Order of Patrons of Husbandry (the “Grange”), the nation’s oldest agricultural fraternal organization.  For years, California has been the epicenter of a heated battle between the Grange and the former leader of its chartered California chapter. The court’s award of summary judgment, the latest of a string of victories in favor of the Grange, confirms that the history and goodwill of the California State Grange, as well as copyrighted content produced by the organization, is the intellectual… Read more

Jan 4, 2018

TTAB Decision is Found to Have Preclusive Effect in the Southern District of New York

Wine Bottle and Glass: LIANA Brand Case Preclusive

The United States District Court for the Southern District of New York held that Defendant Peju Province Winery L.P. (“Peju”) is precluded from litigating the likelihood of confusion issue that was decided by the Trademark Trial and Appeal Board (TTAB) in 2004. Plaintiff Cesari S.R.L. (“Cesari”) is an Italian winery that produces wine with the mark LIANO, which was registered on January 7, 2003, which an alleged first use of January 26, 1989. On February 10, 2003, Peju filed an intent-to-use application to register LIANA for wine. Cesari opposed the registration of Peju’s mark based on a likelihood of confusion…. Read more