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Industrial Automation, Inc. v. Industrial Automation, LLC

RESPONSE to Motion re MOTION for Preliminary Injunction

15 Cited authorities

  1. Two Pesos, Inc. v. Taco Cabana, Inc.

    505 U.S. 763 (1992)   Cited 1,955 times   35 Legal Analyses
    Holding that to establish a claim for trade dress infringement, secondary meaning, non-functionality and likelihood of confusion must all be shown

  2. Gonzales v. National Bd. of Medical Examiners

    225 F.3d 620 (6th Cir. 2000)   Cited 674 times   1 Legal Analyses
    Holding that "[a]lthough no one factor is controlling, a finding that there is simply no likelihood of success on the merits is usually fatal."

  3. Daddy's Junky Music Stores v. Big Daddy's Fam

    109 F.3d 275 (6th Cir. 1997)   Cited 369 times   1 Legal Analyses
    Holding that the plaintiff's Ohio DTPA and common-law claims “mirror the ... federal claim of trademark infringement by also requiring proof of a likelihood of confusion”

  4. Tumblebus Inc. v. Cranmer

    399 F.3d 754 (6th Cir. 2005)   Cited 256 times
    Vacating and remanding for further factfinding one part of a preliminary injunction while affirming the other part

  5. Nartron Corp. v. Stmicroelectronics, Inc.

    305 F.3d 397 (6th Cir. 2002)   Cited 138 times   2 Legal Analyses
    Holding that composite term "smart power" is generic

  6. Ip, LLC v. Interstate Vape, Inc.

    CIVIL ACTION NO. 1:14CV-00133-JHM (W.D. Ky. Nov. 6, 2014)   Cited 7 times
    Declining to extend the Safe Distance Rule where no permanent injunction existed with respect to the trademark at issue

  7. C.A. Jones Mgmt. Grp., LLC v. Scottsdale Indem. Co.

    CIVIL ACTION NO. 5:13-CV-00173 (W.D. Ky. Feb. 28, 2014)   Cited 6 times   1 Legal Analyses

    CIVIL ACTION NO. 5:13-CV-00173 02-28-2014 C.A. JONES MANAGEMENT GROUP, LLC, GLOBAL BOOK RESELLERS, LLC, TECHNOLOGY ASSOCIATES, INC., CHARLES A. JONES, and SARAH C. JONES, Plaintiffs/Counterclaim Defendants, v. SCOTTSDALE INDEMNITY COMPANY, Defendant/Counterclaim Plaintiff. Thomas B. Russell MEMORANDUM OPINION AND ORDER This matter is before the Court upon the Motion for Preliminary Injunction of Plaintiffs C.A. Jones Management Group, LLC ("C.A. Jones); Global Book Resellers, LLC ("Global Book");

  8. McDonald's Corp. v. Shop at Home Inc., Sports Inc. Fillers

    82 F. Supp. 2d 801 (M.D. Tenn. 2000)   Cited 15 times

    No. 3:99-0438. 2-2-2000 McDONALD'S CORPORATION, Plaintiff, v. SHOP AT HOME, INC., Sports Collectibles, Inc. and Gary Fillers, Defendants. Robert S. Patterson, Julie C. Murphy, Boult, Cummings, Conners & Berry, Nashville, TN, Jeff Lieberman, Robert Eliot Shapiro, Barack, Ferrazzano, Kirschbaum, Perlman & Nagelberg, Chicago, IL, for McDonald's Corporation, plaintiff. Barbara Jean Moss, Nancy A. Vincent, Wyatt, Tarrant & Combs, Nashville, TN, George J. Phillips, Antioch, TN, for Shop at Home, Inc.,

  9. Borescopes R US v. 1800Endoscope.com, LLC

    728 F. Supp. 2d 938 (M.D. Tenn. 2010)   Cited 5 times
    Finding that the use of the term "borescopes" in companies' domain names "generically describes the class of product each sells"

  10. Deters v. Davis

    Civil Action No. 3: 11-02-DCR (E.D. Ky. Jan. 14, 2011)   Cited 3 times
    Holding that Plaintiff's constitutional challenges to ongoing state bar disciplinary proceeding were barred by the Younger abstention doctrine, because the Kentucky bar disciplinary proceeding was a state judicial proceeding

  11. Section 1052 - Trademarks registrable on principal register; concurrent registration

    15 U.S.C. § 1052   Cited 1,578 times   259 Legal Analyses
    Granting authority to refuse registration to a trademark that so resembles a registered mark "as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive"

  12. Section 365.591 - Cancellation

    Ky. Rev. Stat. § 365.591   Cited 3 times

    The Secretary shall cancel from the register, in whole or in part: (1) Any registration concerning which the Secretary receives a voluntary request for cancellation from the registrant or the assignee of record; (2) All registrations granted under KRS 365.561 to 365.613 and not renewed in accordance with those provisions; (3) Any registration concerning which a court of competent jurisdiction has found: (a) That the registered mark has been abandoned; (b) That the registrant is not the owner of the

  13. Section 365.567 - Registrability

    Ky. Rev. Stat. § 365.567   Cited 2 times

    A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered pursuant to KRS 365.567 to 365.581 if it: (1) Consists of or comprises immoral, deceptive, or scandalous matter; (2) Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute; (3) Consists of or comprises the

  14. Section 47-25-502 - Registrability

    Tenn. Code § 47-25-502   Cited 1 times

    A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it: (1) Consists of or comprises immoral, deceptive, or scandalous matter; (2) Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; (3) Consists of or comprises the flag or coat of arms, or other

  15. Rule 65.04 - Temporary injunction

    Ky. R. Civ. P. 65.04   Cited 35 times

    (1)When authorized. A temporary injunction may be granted during the pendency of an action on motion if it is clearly shown by verified complaint, affidavit, or other evidence that the movant's rights are being or will be violated by an adverse party and the movant will suffer immediate and irreparable injury, loss, or damage pending a final judgment in the action, or the acts of the adverse party will tend to render such final judgment ineffectual. (2)Officers who may grant, modify or dissolve.