Out of nearly 5,000 reported opinions in the last five years, no one will be surprised that the Sixth Circuit cited its own cases in all but five opinions. But what other circuits does the Sixth Circuit rely on? From the raw numbers, Sixth Circuit judges cite cases from the Second, Seventh, and Ninth Circuits … Continue Reading
The Sixth Circuit yesterday breathed new life into competing allegations of trademark infringement and false advertising related to the “5-hour ENERGY” energy shot and the “6 Hour POWER” energy shot. The district court had granted summary judgment dismissing the trademark infringement claim, concluding that there was no genuine issue as to the likelihood of confusion between the … Continue Reading
In the past few weeks, two contentious trademark disputes have been appealed to the Sixth Circuit. In the first, L.F.P.IP. Inc., et al. v. Hustler Cincinnati, Inc., et al., Hustler Cincinnati and Jimmy Flynt, the brother and former business associate of Larry Flynt, appealed the Southern District of Ohio’s entry of a permanent injunction prohibiting … Continue Reading
In our continuing coverage of cases that are making their way up to the Sixth Circuit, we noticed this recent appeal from the Western District of Michigan, Martha Elizabeth, Inc. v. Scripps Networks Interactive, LLC. The case pits an owner of a retail business specializing in products for the home chef that uses the trademark … Continue Reading
