For our weekly SoCal IP Institute meeting on Monday, November 6, 2017, we will discuss the following cases:
Savannah College of Art and Design, Inc. v. Sportswear, Inc. , (S.D. Ohio October 3, 2017) (available here). Defendant owned a website where it sold sports apparel affixed with the plaintiff’s trademark for “SCAD” and “SAVANNAH COLLEGE OF ART AND DESIGN”. Relying on a case called Jurado, the district court granted defendant’s motion for summary judgment, finding plaintiff failed to establish that its service mark rights extended to apparel because it could not show priority in use as to goods. The circuit court reversed and remanded, finding Boston Prof’l Hockey Ass’n, Inc. v. Dallas Cap & Emblem Mfg., Inc. controlled.
Energizer Brands LLC v. Camelion Battery Co. Ltd. , ( N.D. Ill.. October 10, 2017) (available here). Plaintiff makes well known and respected batteries, while defendant made imitation products mimicking plaintiff’s designs. Plaintiff sued defendant for trade-dress, trademark, and copyright infringement, and various corresponding state-law claims for deceptive and unfair practices. The court found infringement, but declined to give maximum statutory damages, concluding that “the maximum amount of damages should be reserved for the most egregious forms of infringement.”
All are invited to join us on November 6, 2017, at noon in our Westlake Village office. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Elisha Manzur by 9 am Monday morning.