In The Hershey Company v Art Van Furniture Inc, a Michigan district court has granted The Hershey Company’s motion for a temporary restraining order and preliminary injunction on the grounds that Art Van Furniture Inc’s delivery truck decoration showing a chocolate-brown sofa emerging from a candy bar wrapper was likely to dilute the distinctive quality of Hershey’s famous trade dress.
In Anheuser-Busch Inc v VIP Products LLC, a Missouri district court has preliminarily enjoined VIP Products LLC from selling a squeeze toy for dogs that resembled Anheuser-Busch Inc’s Budweiser beer bottle. The court found Anheuser likely to succeed on its claims for trademark and trade dress infringement and unfair competition, but not on its claim of trademark dilution.
In Venture Tape Corporation v McGills Glass Warehouse, the US Court of Appeals for the First Circuit has considered whether the unauthorized use of a trademark as a metatag constituted use upon which a finding of trademark infringement liability could be based. Answering in the affirmative, the court held that the defendant was liable for damages and for the payment of the plaintiff’s attorneys' fees.
Eric J Holder, a respected lawyer who recognizes the importance of intellectual property, has accepted the role of attorney general in Barack Obama's incoming government, according to US television network NBC.
In Segal v Geisha NYC LLC, the US Court of Appeals for the Seventh Circuit has upheld the dismissal of Jonathan Segal's complaint for failure to state a federal infringement claim. Among other things, the court held that an operating agreement authorized two or more founders of the Japonais restaurant to expand the concept to additional locations.