Friday, May 20, 2011

Two New Trademark Cases Filed in DRI

Fuelbelt, Inc. v. Penguin Brands, Inc., No. 1:11-cv-00203-S (filed May 18, 2011).

JJI International, Inc. v. The Bazar Group, Inc., No. 1:11-cv-00206-ML (filed May 19, 2011).

Two new trademark cases were filed in the U.S. District Court for the District of Rhode Island this week. This brings the number of trademark cases filed in Rhode Island so far in 2011 up to 5 cases, one more than the same period a year ago.

The Fuelbelt case involves the trade dress for "molded holsters" that hold water bottles for runners and other athletes. Penguin Brands claims trade dress in its molded holsters sold under its SWIFT 2R, SPEED 2R and SPEED 4R brands. Fuelbelt seeks a declaratory judgment that its REVENGE series hydration belts having a molded holster do not infringe Penguin's trade dress and that the Penguin trade dress is functional. What do you think?

SPEED 2R Belt and Holster:

REVENGE Belt and Holster:

The case has been assigned to Judge Smith.

The JJI International case involves competitors selling gold and silver plated necklaces, earrings and rings. JJI sells a branded line of jewelry under the SPLASHES & SPARKLES trademark, for which JJI obtained a federal registration in 2005. JJI claims that in June 2010 Bazar started using a SPARKLE trademark in connection with competing jewelry products. JJI seeks injunctive relief and damages on counts of federal trademark infringement and federal and state law unfair competition. The case has been assigned to Judge Lisi

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