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4 Aug, 2008 8:13 am by Milord A. Keshishian
... the "Buzz Bites" trademark and mints bearing the "Foosh Energy Mints" trademark. Red Bull is not concerned about the word marks used by Defendants, but alleges that the Defendants' ... Bull trademarks and trade dress. The case is titled Red Bull GMBH v. Vroom Foods, Inc. and Mad Dog Energy Products, CV08-04960 GAF ( ... fair use defense, because they are comparing the caffeine content of their product and that of Red Bull. It appears that the first and third elements of the test are met, but the defense ...
Los Angeles Intellectual Property Trademark Attorney Blog - http://www.iptrademarkattorney.com/
26 Jun 5:29 am by Brian A. Comer
By Brian A. Comer Today's case brief is Anderson v. Green Bull, Inc., 322 S.C. 268, 471 S.E.2d (Ct. App. 1996). ... the ladder to Tucker, and Tucker assembled it, without modifications. Id. The ladder contained a red warning label that read, "KEEP ENTIRE UNIT CLEAR OF ALL UTILITY AND ELECTRICAL ... J.): Judge Cureton concurred with the majority, but stated that the question presented was "whether Green Bull, knowing the foreseeable use of the ladder, had a duty to warn its users against the hazard of ...
South Carolina Products Liability Law Blog - http://scproductsliabilitylaw.blogspot.com/
16 Nov, 2008 12:33 pm by Evidence ProfBlogger
The recent opinion of the United States District Court for the Western District of Kentucky in Western Kentucky Coca-Cola Bottling Co., Inc. v. Red Bull North America, 2008 WL 4876520 (W.D.Ky. 2008), reveals that, to be admissible under Federal Rule...
EvidenceProf Blog - http://lawprofessors.typepad.com/evidenceprof/
3 Oct, 2007 1:37 am
... available here) issued on October 1, 2007 in the In re El Toro Materials Company, Inc. Chapter 11 case,, the U.S. Court of Appeals for the Ninth Circuit took a ... attempt to bolster the argument that these claims fall outside of the cap. Conclusion. Like a bull charging a matador, the El Toro decision has ripped a hole in the Section 502( ... tell just how significant the decision turns out to be, but at first blush it seems that debtors and non-landlord creditors may be the ones who end up seeing red. ...
IN THE (RED) - The Business Bankruptcy Blog - http://bankruptcy.cooley.com/
8 Feb, 2008 9:40 am by All Language Alliance, Inc.
... a single term or slogan, the courts have held Internet evidence admissible for purposes of evaluating a trademark. Retail Serv., Inc. v. Freebies Publ'g, 364 F.3d 535, 544 - 45 (4th Cir. 2004); Savin Corp. v. ... 3d 439, 454 (2d Cir. 2004). However, the courts have also held "the weight given to this evidence must be carefully evaluated" and "definitions available from an online resource…must be capable of being verified". In re Red Bull GmbH, 78 U.S.P.Q.2d 1375, 1377 (TTAB 2006). In light of this, ...
Translation For Lawyers - http://www.translationforlawyers.com/
11 Sep 9:33 am by Barry Herman
... , Inc., Avalon International General Trading, LLC, and Central Supply, Inc. ("Central"). Central opposed Red Bull's motion, arguing that Red Bull's failure to name it in the original complaint was based on a tactical ... respondents was based on new information that was not known prior to institution of the investigation. The Commission Investigative Staff supported Red Bull's motion conditioned on an extension of the discovery cutoff for the newly added respondents. In order to prevent prejudice ...
ITC 337 Law Blog - http://www.itcblog.com
17 Nov 4:02 pm by Eric Schweibenz
... Energy Drink Products (Inv. No. 337-TA-678). In the Order, ALJ Luckern denied a motion filed by Respondents India Imports, Inc., d/b/a/ International Wholesales Club and Washington Food and Supply of D.C., Inc., d/b/a Washington Cash & Carry (collectively, "Respondents") to order Complainants Red Bull GmbH and Red Bull North America, Inc. (collectively, "Red Bull") to attend a mandatory settlement conference presided over by the Administrative Law Judge. ...
ITC 337 Law Blog - http://www.itcblog.com
25 May 5:20 pm
... Gene Technology (IP Watchdog) CAFC: Inequitable conduct holding vacated: Dickson Industries, Inc v Patent Enforcement Team, LLC (not precedential) (Patently-O) District Court E ... suit against Nanoco over quantum dot technology (Green Patent Blog) Red Bull - Red Bull files new 337 complaint over energy drink importation and sale ... enters judgment due to defendant's blatant failure to comply with Board Order: MySpace, Inc v Donnell Mitchell (TTABlog) TTAB precedential no 19: Family-of-marks argument ...
IP Thinktank - http://duncanbucknell.com/blog
30 Sep 4:20 pm by Eric Schweibenz
... respondents in Certain Energy Drink Products (Inv. No. 337-TA-678). As explained in our September 11 post, Red Bull's motion sought to add the following respondents: Posh Nosh Imports (USA), Greenwich, Inc., Advantage Food Distributors, Ltd., Wheeler Trading, Inc., Avalon International General Trading, LLC, and Central Supply, Inc. ("Central"). According to the notice, no petitions for review were filed in connection with ALJ Luckern's September 8 ID. Accordingly, in ...
ITC 337 Law Blog - http://www.itcblog.com
20 Jul 2:00 am
... Design Protection Act amended (International Law Office) Netherlands District Court of The Hague: Osborne's black bull an icon in Spain but doesn't prevail in trade mark infringement proceedings brought by Red Bull (Class 46) South Africa CIPRO (trade marks) - what can be done? (Afro-IP) ... ) WYHA?: TTAB says STEAM N' MASH merely descriptive of process potatoes: In re ProMark Brands Inc (not precedential) (TTABlog) WYHA? TTAB finds DIRT DRIFTERS merely descriptive: In re Esposito ( ...
IP Thinktank - http://duncanbucknell.com/blog
21 Jun 10:00 pm
... in design patent law: Titan Tire Corp v Case New Holland, Inc (Patently-O) District Court N D Illinois: Post-filing assignment cannot create ... Aines Manufacturing in relation to modular telephone plugs (Washington State Patent Law Blog) Red Bull - ITC launches investigation into import and distribution of energy drinks by ... (TTABlog) TTAB affirms rejection of SOU filed by assignor after assignment: In re PMSI, Inc (not precedential) (TTABlog) TTAB says DUNES on slot machines not a proper specimen ...
IP Thinktank - http://duncanbucknell.com/blog
19 Dec, 2007 12:57 am by Rebecca Tushnet
Orlando Nightclub Enterprises, Inc. v. James River Ins. Co., 2007 WL 4247875 (M.D. Fla.) This case concerns the duty of an insurer to defend an insured nightclub, which was sued by Red Bull for selling Rockstar to customers who specifically requested Red Bull (an energy beverage often mixed with vodka). Red Bull sued the nightclub for Lanham Act violations and state-law unjust enrichment, unfair competition, and deceptive and unfair trade practices. The claims all ...
43(B)log - http://tushnet.blogspot.com/index.html
28 Apr, 2008 11:00 am
... Most powerful brands ranking: (Class 46), (Experience Not Logic), (The Trademark Blog), Red Bull wins redbullsucks.com from energy drink rival: (Out-Law) Global - Patents Collecting ... style handbag depicted in artwork : (Innovationpartners) Europe CFI further clarifies dilution in Citigroup Inc v OHIM: (Catch Us If You Can!!!), Ferrero fends off ... ruling holding Energizer patent for mercury-free batteries invalid: Energizer Holdings, Inc v Int'l Trade Commission: (IP Law360), (Hal Wegner), (Patent ...
IP Thinktank - http://duncanbucknell.com/blog
17 Mar, 2008 2:44 pm
... items. It is clear that any "generic look" remains unprotectable and that the courts are unwilling to draw a negative inference even from the fact that the alleged infringer can be shown to have committed an act of intentional copying (House Management Inc. v Raleigh Ale House Inc.. 205 F.3d 137, 4th Circ. 2000). Also instructive was the Hooters case (see illustration, right, and note in MIP here), where the plaintiff was unable to establish trade dress rights against an alleged copyist, having ...
IPKat - http://ipkitten.blogspot.com
8 Feb, 2008 7:00 pm
... Federal Patent Court in Lastminit trade mark case: (Class 46), Cook Inc files patent infringement suit in Dusseldorf District Court against Edwards Lifesciences ... Appeal rules that filling prelabelled cans with drink amounts to 'use' of an infringing mark: Red Bull v Winters & Smart Drinks: (Class 46), Does 'Geert ... Knowledge), Retroactive work for hire agreements - transfer of copyright: Gladwell Government Services, Inc v County of Marin: (Patry Copyright Blog),: Public interest and industry ...
IP Thinktank - http://duncanbucknell.com/blog
8 Jun 2:00 am
... by DELTA against OHIM decision upholding Kraft Foods opposition to 'MILKO ΔΕΛΤΑ & device' (Class 46) OHIM Cancellation Division: DER ROTE BARON not use of RED BARON mark: Sierra Entertainment Inc v Davilex Games BV (Class 46) If you're happy and you ... stay under Ministry of Justice (Afro-IP) Serbia Serbia IPO invalidates BULLDOG ENERGY DRINK recognising RED BULL as famous mark (The IP Factor) South Africa Advertising Standards Authority denies iBurst protection for colour ...
IP Thinktank - http://duncanbucknell.com/blog
8 Jun 2:00 am
... by DELTA against OHIM decision upholding Kraft Foods opposition to 'MILKO ΔΕΛΤΑ & device' (Class 46) OHIM Cancellation Division: DER ROTE BARON not use of RED BARON mark: Sierra Entertainment Inc v Davilex Games BV (Class 46) If you're happy and you ... stay under Ministry of Justice (Afro-IP) Serbia Serbia IPO invalidates BULLDOG ENERGY DRINK recognising RED BULL as famous mark (The IP Factor) South Africa Advertising Standards Authority denies iBurst protection for colour ...
IP Thinktank - http://duncanbucknell.com/blog
3 Sep, 2008 2:03 am
... , with the Department of Agriculture and Consumer Services before soliciting in Florida. Check with the State of Florida, or ask me to do it for you, whether Shop to Earn is properly registered. Related articles by Zemanta MLM Danger of Autoship Programs Business 'Opportunities' or Scams? Red Bull Franchise Fraud Direct Selling Association's Position Against Truth in Advertising Important Tips For Your Business Choice
Tags: Diligence, Due
Psychology of Compliance & Due Diligence Law - http://www.bizop.ca/blog2/
3 Sep, 2008 2:03 am
... , with the Department of Agriculture and Consumer Services before soliciting in Florida. Check with the State of Florida, or ask me to do it for you, whether Shop to Earn is properly registered. Related articles by Zemanta MLM Danger of Autoship Programs Business 'Opportunities' or Scams? Red Bull Franchise Fraud Direct Selling Association's Position Against Truth in Advertising Important Tips For Your Business Choice
Tags: Shop, Earn
Psychology of Compliance & Due Diligence Law - http://www.bizop.ca/blog2/
22 Jan, 2008 3:19 am
... :07-cv-01735 Superfund Unternehmensbeteiligungs-AG et al v. Super Fund Financial Group, Inc. filed 03/28/07 closed 07/09/07 1:07-cv-01762 Red Bull North America Inc. et al v. Selective Publishing, Inc et ... 07 1:07-cv-03389 Rieke Corporation v. American Flange & Manufacturing Co. Inc. filed 06/14/07 1:07-cv-03422 Nashua Corporation v. Seibt ... 1:07-cv-04977 SMW Autoblok Spannsysteme GmbH et al v. Clausing Industrial, Inc. filed 09/04/07 1:07-cv-05012 Reproductive Options Of Illinois, ...
Chicago IP Litigation Blog - http://www.chicagoiplitigation.com/
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