SAN ANTONIO WINERY, INC. V. JIAXING MICAROSE TRADE CO.

The panel vacated the district court’s order denying San Antonio Winery, Inc.’s motion for a default judgment against Jiaxing Micarose Trade Co., Ltd., in an action in which San Antonio asserts claims under the Lanham Act and related state-law claims.... Read more →

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PUNCHBOWL, INC. V. AJ PRESS, LLC

The panel affirmed the district court’s summary judgment in favor of AJ Press, LLC, in an action brought by Punchbowl, Inc. (Punchbowl), alleging violations of the Lanham Act for trademark infringement and unfair competition and related state law claims. Punchbowl... Read more →

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NBA Properties, Inc. v. HANWJH

The plaintiffs in the underlying litigation are professional or collegiate sports associations who own, or license, trademarks related to their respective sports. The plaintiffs filed this action under the Lanham Act, 15 U.S.C. § 1051, et seq., against a list... Read more →

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Nichino America Inc v. Valent USA LLC

Whether a federal court may issue an injunction against an allegedly infringing trademark can be a bit confusing. Responding, Congress passed the Trademark Modernization Act of 2020 (“TMA”). Nichino America Inc. says the District Court misapplied the TMA when it... Read more →

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Jaime Faith Edmondson, et al. v. Velvet Lifestyles, LLC

My Three Yorkies, LLC and Joy Dorfman appeal the district court’s final judgment, which awarded over 30 plaintiffs damages for false advertising and false endorsement under the Lanham Act, 15 U.S.C. § 1125(a)(1)(B), following the entry of summary judgment on... Read more →

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Brothers and Sisters in Christ v. Zazzle, Inc.

Brothers and Sisters in Christ, LLC (BASIC) alleges that Zazzle, Inc. sold a t-shirt that infringed on BASIC’s federal trademark. The district court1 granted Zazzle’s motion to dismiss for lack of personal jurisdiction, and having jurisdiction under 28 U.S.C. §... Read more →

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RiseandShine Corporation v. PepsiCo, Inc.

In a trademark dispute under the Lanham Act, 15 U.S.C. §§ 1114, 1125(a), and New York’s law of trademark and unfair competition, PepsiCo, Inc., the Defendant, which marketed a canned energy drink under the mark “MTN DEW RISE ENERGY,” appeals... Read more →

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Max Rack, Inc. v. Core Health & Fitness, LLC

Trademarks allow consumers to distinguish one product from another quickly and cheaply. But they could not perform this signaling function if a trademark owner’s competitors could freely use the owner’s mark to sell their (potentially inferior) goods. So the Lanham... Read more →

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Royal Palm Properties, LLC v. Pink Palm Properties, LLC

Today we decide if civil lawsuits are more like regular or postseason National Football League (NFL) games. That is, can they end in a tie or must a winner always be named? We think they are more like regular season... Read more →

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Wreal, LLC v. Amazon.com, Inc.

This appeal asks us to address the doctrine of reverse-confusion trademark infringement. Reverse confusion is not a standalone claim in trademark law; rather, it is a theory of how trademark infringement can occur. In reverse-confusion cases, the plaintiff is usually... Read more →

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