Please join us for the SoCal IP Institute meeting, Monday, November 1 at Noon. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Amanda Jones by 9 am Monday.
We will be discussing the following cases:
Antounian v. Louis Vuitton, BC396340 (Cal. App. Oct. 21, 2010) (case attached) On appeal of a granted motion to strike in a suit for malicious prosecution of a trademark and counterfeiting claim, the California Court of Appeals affirmed the judgment of the trial court. The Court of Appeals ruled that the plaintiff failed to demonstrate a probability of success on the merits in response to an Anti- SLAPP motion where the plaintiff failed to show (2) that the defendant lacked probable cause to bring its original suit, (2) that the defendant lacked probable cause to continue the original suit, and (3) that the defendant acted with malice in bringing the original suit.
Nite Life of Santa Barbara v. Nite Life Car Club Association, Opp No. 91/188,462 (TTAB Sept. 30, 2010) (case attached) In an opposition to Nite Life Car Club Association’s application to register a design mark of the Nite Life crossed dagger logo, the TTAB found that (1) the applicant was not the exclusive owner of the crossed dagger logo, (2) there was little credible evidence applicant ever used the applied-for mark for the identified goods, and (3) that applicant could not possibly have used its applied for mark as early as 1980. The opposition was sustained and registration to the applicant refused.