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Trademark Law Updates

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Chloé v. Queen Bee: Exercising Personal Jurisdiction for Infringement in Internet Transactions

By Olivier A. Taillieu and Jeffrey J. Zuber of Zuber & Taillieu

The Second Circuit recently “updated its jurisprudence” on personal jurisdiction “in the age of internet commerce,” using a long-arm statute to exercise personal jurisdiction over a foreign defendant accused of selling counterfeit goods over the Internet. In Chloé v. Queen Bee of Beverly Hills, LLC, 616 F.3d 158 (2nd Cir.… More...

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Starbucks Corp. v. Wolfe’s Borough Coffee, Inc.

06-0435-CV, 2007 WL 475826 | 2d Cir. | 2/15/2007

Holding: Lower court must consider plaintiff's trademark dilution claim under the Federal Trademark Dilution Act's amended standard of "likely to cause dilution" even though amendment passed after judgment was entered. More...

Smith v. Wal-Mart Stores, Inc.

1:06-cv-526-TCB, 2007 WL 582606 | N.D. Ga. | 2/21/2007

Holding: Court will not compel discovery of third-party use of portions of retailer's marks because it is irrelevant to weakness of those marks and unduly burdensome. More...

Zimmer Enterprises, Inc. v. Atlandia Imports, Inc.

3:06-cv-038, 2007 WL 743800 | S.D. Ohio | 3/13/2007

Holding: Venue of declaratory judgment action is proper in Ohio, so motion to dismiss is denied, but transfer to Colorado is appropriate. More...

Jewish Sephardic Yellow Pages, Ltd. v. DAG Media, Inc.

04-CV-747 (RJD), 2007 WL 817404 | E.D.N.Y. | 3/19/2007

Holding: Plaintiff failed to show that its trademark "Kosher Yellow Pages" had acquired secondary meaning. More...

Official Pillowtex LLC v. Hollander Home Fashions Corp.

06-CV-362, 2007 WL 879578 | S.D. Ohio | 3/26/2007

Holding: Plaintiff alleging false designation of origin does not need enforceable rights in the mark for the court to have subject matter jurisdiction. More...

Sly Magazine, LLC v. Weider Publications L.L.C.

Civ. 3940 (RCC), 2007 WL 1061906 | S.D.N.Y. | 4/9/2007

Holding: Defendants could not be held directly or contributorily liable for infringement of the registered trademark from the date they were notified of Plaintiff's mere application for, or call to ownership of, that mark. More...