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Case Citations [1] (July 2018 through August 2019)

handle is hein.ali/retuc0508 and id is 1 raw text is: UNFAIR COMPETITION 3D CHAPTER 1. THE FREEDOM TO COMPETE § 1. General Principles D.Del.Bkrtcy.Ct.2018. Cit. in disc. Chapter 11 debtor filed an adversary complaint against former chief operations officer and her new employer, alleging that defendants used plaintiff s trade secrets and misappropriated information to steal plaintiff's customers and employees as part of a premeditated course of action that included having chief operations officer leave her employment with plaintiff to join new employer. This court granted in part and denied in part defendants' motion for summary judgment, holding, inter alia, that plaintiff alleged the improper use of its customer lists by chief operations officer but not by new employer. The court noted that Missouri looked to Restatement Third of Unfair Competition § 1 in examining unfair-competition claims. In re Patriot National Inc., 592 B.R. 560, 583. CHAPTER 3. THE LAW OF TRADEMARKS TOPIC 1. SUBJECT MATTER OF TRADEMARK LAW § 13. Distinctiveness; Secondary Meaning C.A.Fed.2018. Com. (a) cit. in disc. Shoe manufacturer filed a complaint with the International Trade Commission (ITC), alleging that various competitors had infringed upon plaintiff's trademark by copying particular design elements constituting plaintiff s trademark. The ITC's administrative law judge found that plaintiff's trademark was valid but did not have a secondary meaning. The ITC reversed, finding that the trademark's lack of secondary meaning rendered it invalid. This court reversed and remanded, holding, inter alia, that plaintiff s trademark registration was not several distinct sets of rights arising from two kinds of marks as the ITC asserted, but rather a single mark that gave rise to several sets of rights. Citing Restatement Third of Unfair Competition § 13, Comment a, the court explained that, by establishing that its trademark was registered under the Lanham Act, plaintiff created a rebuttable presumption that the mark was distinctive and had secondary meaning. Converse, Inc. v. International Trade Commission Skechers U.S.A., Inc., 909 F.3d 1110, 1117. E.D.La.2018. Com. (e) quot. in disc. After limited-liability company brought a petition seeking a declaratory judgment that the registration of a service mark for its food hall was proper, city and landlord sought an injunction against limited-liability company and others, alleging, inter alia, that defendants were impermissibly using a trademark that city had previously attempted to register. This court granted plaintiffs' motion for a preliminary injunction, holding that it was substantially likely that plaintiffs would be able to establish secondary meaning for their mark in city's geographic area and successfully sue on the merits for trademark infringement. The court cited Restatement Third of Unfair Competition § 13, Comment e, in explaining that defendants and prospective customers of plaintiffs understood that the mark was heavily associated with plaintiffs' businesses in city's geographic area. Helpful Hound, L.L.C. v. New Orleans Building Corporation, 331 F.Supp.3d 581, 594. COPYRIGHT 02019 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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