Posts Tagged: "Court of Appeals for the Third Circuit"

Third Circuit Cancels Watermelon Candy Trademark in Precedential Functionality Decision

On September 7, the U.S. Court of Appeals for the Third Circuit issued a precedential decision on trademark functionality doctrine in PIM Brands Inc. v. Haribo of America Inc. In affirming the district court’s grant of summary judgment, the Third Circuit found that PIM’s federally registered trademark to a wedge-shaped candy with green, white and red stripes should be canceled because the mark as a whole identifies the candy’s flavor.

Third Circuit Says Patent Owner Failed to Show Banks Control Askeladden, So No Breach of Contract

The U.S. Court of Appeals for the Third Circuit on August 31 affirmed a district court’s ruling that Verify Smart Corp had failed to plausibly allege an agency relationship between Wells Fargo and Bank of America (the “Banks”) and a banking industry group’s subsidiary sufficient to prove the Banks enlisted the subsidiary to challenge a patent they were contractually prohibited from challenging themselves.

Third Circuit: Costs Avoided Due to Trade Secrets Misappropriation Can Be Basis for Damages Award

The U.S. Court of Appeals for the Third Circuit on Monday said in a precedential decision that Jiangsu Tie Mao Glass Co. Ltd. (TMG) should have shown up sooner in a trade secrets misappropriation lawsuit brought against it by PPG Industries if it wanted to have a chance at winning. But by failing to enter the litigation until after PPG asked the district court to enter default judgment and award damages for unjust enrichment, “its protestations were and are too little and much too late,” said the appellate court.

Third Circuit: Facebook Not Immune to Right of Publicity Claims Under IP Carve-Out of Section 230

On September 23, the U.S. Court of Appeals for the Third Circuit reversed in part a decision by the U.S. District Court for the Eastern District of Pennsylvania, ultimately holding that Karen Hepp’s complaint against Facebook was not barred by Section 230 of the Communications Decency Act of 1996.In 2018, Hepp was informed by a coworker that a photo of her was being used online. The photo of Hepp was taken without her knowledge or consent and she never authorized the use of the image in any advertisements.

Hepp’s complaint cited two sets of posts online of the photo, which Hepp alleged under Pennsylvania law violated her right to publicity. The first post appeared on Facebook as an advertisement to a dating app. The advertisement encouraged Facebook users to use the app and used the image of Hepp to promote the dating service. The second post appeared on Reddit, where a user linked to a post on Imgur. The Reddit post was upvoted hundreds of times and incited indecent user commentary regarding the photo of Hepp.

Third Circuit Joins Sister Courts in Ruling TTAB Decisions May Not Have Preclusive Effect

On September 17, the United States Court of Appeals for the Third Circuit issued a precedential decision that affirmed in part, reversed in part, and remanded a decision by the District Court for the District of New Jersey, holding that trademark cancellation proceedings before the Trademark Trial and Appeal Board (TTAB) do not preclude infringement claims in federal district court. In 1969, David Beasley formed a band named “The Ebonys” in Camden, New Jersey. The Ebonys were one of many bands that helped create the “Philadelphia Sound” which incorporated elements of soul, funk, and disco. The Ebonys achieved some commercial success in the 1970s but failed to reach the notoriety of other groups. As the decades wore on, the Ebonys’ popularity faded, though Beasley alleges they performed continuously since their formation. In the mid-1990s William Howard joined the band, and in 1997, Beasley obtained a New Jersey state service mark for THE EBONYS. Relations between Howard and Beasley soured and the pair parted ways. Each artist believed themselves the owner of the Ebonys name, and in 2012, Howard obtained Registration No. 4,170,469 (the ‘469 mark) for THE EBONYS, as a federal trademark.