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Case Citations [1] (April 2017 through August 2017)

handle is hein.ali/retuc0504 and id is 1 raw text is: UNFAIR COMPETITION 3D CHAPTER 1. THE FREEDOM TO COMPETE § 1. General Principles C.A.8, 2016. Subsec. (a) cit. and quot. in disc. Local-exchange carrier (LEC), which contracted with conference-calling services provider, brought an action against interexchange carrier (IXC); IXC filed a third-party complaint against provider, alleging that defendant engaged in unfair competition by causing LEC to breach its contract with IXC by charging IXC under its tariff for traffic that terminated at conference-call bridges. Following a bench trial, the district court entered judgment for provider. This court affirmed in part, holding that the district court did not err in rejecting IXC's unfair-competition claim. The court rejected IXC's argument that provider's business model was actionable under Restatement Third of Unfair Competition § 1(a), after concluding that it did not find that South Dakota would recognize that tort under these circumstances, because direct competition, an essential component of South Dakota's unfair-competition claim, was lacking here, and provider did not use any unfair methods to gain an advantage over IXC. Qwest Communications Corporation v. Free Conferencing Corporation, 837 F.3d 889, 898. CHAPTER 3. THE LAW OF TRADEMARKS TOPIC 1. SUBJECT MATTER OF TRADEMARK LAW § 13. Distinctiveness; Secondary Meaning C.A.10, 2016. Com. (d) quot. in sup. Manufacturer of retail metalworking parts and accessories brought a trademark-infringement action against competitor, alleging that defendant infringed on plaintiff s protected packaging-which used a combination of red, yellow, black, and white coloration-by packing its products using similar colors and a flame motif. The district court granted summary judgment for defendant. Affirming, this court held that plaintiff s use of color, which was not associated with any particular shape, pattern, or design, was not adequately designed to be inherently distinctive, and plaintiff failed to produce sufficient evidence that its use of color had acquired secondary meaning, such that the relevant public understood those colors to identify plaintiff as the source, as required to state a claim under Restatement Third of Unfair Competition § 13. Forney Industries, Inc. v. Daco of Missouri, Inc., 835 F.3d 1238, 1250. E.D.Pa.2016. Com. (e) quot. in sup. Owner of the trademark Parks used to sell sausages and other food products sued owner of the trademark Ball Park used to sell frankfurters, alleging that defendant infringed on plaintiff s trademark when it launched a new line of premium frankfurters under the name Park's Finest. Granting summary judgment for defendant, this court held, among other things, that plaintiff s survey, which detected a consumer confusion rate of 32.7%, did not constitute evidence of For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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