August 30, 2010
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Please join us for the SoCal IP Institute meeting, Monday, Aug 30 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:
Fortune Dynamic, Inc. v. Victoria’s Secret Stores Brand Mgmt., Inc. (9th Cir. 8/19/2010) (case is attached)
In an action by Fortune Dynamic, Inc., the owner of the incontestable trademark DELICIOUS for footwear, against Victoria’s Secret for trademark infringement, summary judgment for defendant is reversed where: 1) there was an issue of material facts as to whether consumers were likely to be confused as to the source of Victoria’s Secret’s pink tank top that read “Delicious”; and 2) although it was possible that Victoria’s Secret used the term “Delicious” fairly — that is, in its “primary, descriptive sense” — a jury was better positioned to make that determination.
Specialized Seating, Inc. v. Greenwich Indus. (7th Cir. 8/11/2010) (case is attached)
In plaintiff’s suit for declaratory judgment against its competitor, claiming that its folding chair design does not violate defendant’s rights under the Lanham Act, district court’s judgment in favor of the plaintiff is affirmed as the district court did not commit clear error in concluding not only that the overall design of defendant’s folding chair was functional, but also that each feature is functional.