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02 December 2008

Hershey garners sweet victory against furniture company

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.

27 November 2008

Confusion between ButtWiper dog toy and Budweiser beer likely, says court

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.

21 November 2008

Metatag use leads to award of profits and attorneys' fees

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.

21 November 2008

Obama’s proposed attorney general good news for IP rights holders

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.

01 April 2008

No infringement if operating agreement authorizes use of mark

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.