More Tequila For Everybody!

“After a bench trial,” Judge Rosenthal wrote in this trademark case, “the court finds and concludes that both companies can continue to market their tequila products.” Many tequila brands —over fifty— have the words “Casa” or “Azul” in their name, and neither party ranked anywhere near the top of the market. “Importantly,” the Court observed, “the record shows no evidence that Clase Azul’s sales declined as a result of Casa Azul entering the tequila market.” As a result, the court found and concluded that “because of the dissimilarities between the two brands at issue, as well as other record evidence, the plaintiff fails to establish a likelihood of confusion, and fails to establish trademark infringement, unfair competition, or trademark dilution” and therefore the application for an injunction was denied.

Amendment of Contentions & Summary Judgment

Judge Ellison denied both the plaintiff’s motion for leave to amend its preliminary infringement contentions and the defendant’s motion for summary judgment as moot,finding that the plaintiff properly amended its contentions under Patent Rule 3-6, and that the defendant’s summary judgment motion was addressed to a patent that was no longer being asserted and contentions that had since been supplemented.

Motions to Dismiss Various Parts of Trademark Case Granted

Following the Federal Circuit’s reversal of her grant of a preliminary injunction, on remand Judge Rosenthal set aside the entry of default and granted in part a motion to dismiss as to a defendant, copyright, trademark dilution, and trade secret claims in a case involving medical treatment. The claims for trademark infringement, patent infringement, and breach of contract remain in the case.