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In re Spirits Int’l, N.V.
- Finnegan, Henderson, Farabow, Garrett & Dunner LLP
- -
- USA
- -
- May 22 2009
In a case involving both the doctrine of foreign equivalents and the test for determining whether a mark is geographically deceptively misdescriptive, the Federal Circuit overturned the Trademark Trial and Appeal Board’s (“TTAB”) finding that the mark MOSKOVSKAYA was geographically deceptively misdescriptive for vodka
Geisha LLC v. Tuccillo
- Finnegan, Henderson, Farabow, Garrett & Dunner LLP
- -
- USA
- -
- April 16 2009
In a case analyzing the critical distinction between constructive use and constructive notice as applied to intent-to-use applications, the Northern District of Illinois found that a senior user’s rights in a mark for a critically acclaimed restaurant in Chicago could not be said, as a matter of law, to have extended to New York based solely on publicity, so that when defendant later filed an intent-to-use application for the mark, but did not actually begin to use the mark in New York until after plaintiff opened its own restaurant in New York, there were genuine issues of material fact as to priority
City of Carlsbad v. Shah 2009
- Finnegan, Henderson, Farabow, Garrett & Dunner LLP
- -
- USA
- -
- November 30 2009
The Southern District of California found the absence of objective evidence of defendant’s intent to use his marks in commerce at the time the applications were filed to be sufficient proof of a lack of a bona fide intent for a grant of summary judgment declaring the applications invalid and authorizing the PTO to deny registration to defendant
Rin Tin Tin, Inc. v. First Look Studios, Inc.
- Finnegan, Henderson, Farabow, Garrett & Dunner LLP
- -
- USA
- -
- January 21 2010
The Southern District of Texas found use of "Finding Rin Tin Tin: The Adventure Continues" as the title for a film about the famous dog Rin Tin Tin was a fair use of plaintiff’s RIN TIN TIN mark registered for German Shepherd dogs of Rin Tin Tin lineage
Roxbury Entm’t v. Penthouse Media Group Inc.
- Finnegan, Henderson, Farabow, Garrett & Dunner LLP
- -
- USA
- -
- January 21 2010
In a case considering the interplay between the First Amendment and the Lanham Act, the Central District of California ruled that the First Amendment is a complete defense to Lanham Act claims involving artistic works where the mark has at least some artistic relevance to defendant’s underlying work and defendant’s use does not explicitly mislead as to the source or content of the work
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- Firm Name - Finnegan, Henderson, Farabow, Garrett & Dunner LLP
- Author - Lynn M. Jordan
- Workarea - Intellectual Property