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Description Date Docket #

AM. ITALIAN PASTA CO. v. NEW WORLD PASTA, CO.

United States Eighth Circuit
Intellectual Property, Trademark
Plaintiff's use of the phrase "America's Favorite Pasta" was commercial puffery and not false or misleading advertising under section 43(a) of the...
06/07/2004 03-2065

TMI INC. v. MAXWELL

Array
Antitrust & Trade Regulation, Consumer Protection Law, Cyberspace Law, Intellectual Property, Trademark
Defendant's website, complaining about plaintiff company, was a non-commercial gripe site, did not violate the anti-dilution or the...
04/28/2004 03-20243, 03-20291

TMI INC. v. MAXWELL

United States Fifth Circuit
Antitrust & Trade Regulation, Consumer Protection Law, Cyberspace Law, Intellectual Property, Trademark
Defendant's website, complaining about plaintiff company, was a non-commercial gripe site, did not violate the anti-dilution or the...
04/21/2004 03-20243, 03-20291

MADE IN THE USA FOUND. v. PHILLIPS FOODS, INC.

United States Fourth Circuit
Consumer Protection Law, False Advertising, Trademark
A consumer does not have standing under the Lanham Act to sue for false advertising. Since plaintiff sues as a consumer and as a representative of...
04/19/2004 03-1752

GEN. HEALTHCARE LTD. v. QASHAT

United States First Circuit
Commercial Law, Intellectual Property, Trademark
The transportation of goods bearing the "Kent Creme Bleach" trademark from a manufacturer in the US to its offices in the UK is not "use in commerce"...
04/13/2004 03-1968

RETAIL SERVS. INC. v. FREEBIES PUBL'G

United States Fourth Circuit
Consumer Protection Law, Cyberspace Law, Intellectual Property, Trademark
The word "freebies" is generic and not registrable as a federal trademark. Summary judgment for plaintiff, user of the domain name www.freebie.com, is...
04/13/2004 03-1272, 03-1317

PEACEABLE PLANET, INC. v. TY, INC.

United States Seventh Circuit
Intellectual Property, Trademark
Plaintiff has a valid trademark in the name "Niles" as applied to its plush-toy camel; summary judgment of noninfringement is reversed. On remand,...
04/02/2004 03-3452

LUCAS NURSERY & LANDSCAPING, INC. v. GROSSE

United States Sixth Circuit
Consumer Protection Law, Cyberspace Law, Intellectual Property, Trademark
Defendant did not violate the Anticybersquatting Consumer Protection Act (ACPA) by registering the domain name "lucasnursery.com" and using the site...
03/05/2004 02-1668

SUNWARD ELECS., INC. v. MCDONALD

United States Second Circuit
Intellectual Property, Trademark
Defendants were properly, preliminarily enjoined from using phone numbers featuring the trade names and trademarks "Dog Guard" and "Out-of-Sight...
03/03/2004 03-7432

BRENNAN'S, INC. v. BRENNAN'S REST., LLC

United States Second Circuit
Intellectual Property, Trademark
Plaintiff's motion for a preliminary injunction, made during the pendency of its trademark infringement suit against owners of a New York City...
02/26/2004 03-7382

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