Defendant Tm Brands Receives 1 5 Million for Trademark Infringement of Their Technomarine Watch Trademarks
Contributed by Knobbe Martens. Originally published on Patexia; republished here as part of the LexDana archive.
Judgments and Awards
On October 3, 2017, a federal court in Miami, FL awarded TM Brands $1,500,000 pursuant to a stipulated agreement reached during trial. In 2015, Casa Dimitri sued TM Brands for trademark infringement relating to sales of watches under the TechnoMarine® marks. TM Brands counter-sued based on the same Federal Trademark Registrations. Casa Dimitri believed it had a license to those marks, but TM Brands had purchased the rights to the marks from the original owner in a bankruptcy proceeding. Once the Court decided that Casa Dimitri was liable for trademark infringement, the parties proceeded to trial on damages. After trial began, the parties reached a stipulated judgment for $1,500,000 and Casa Dimitri’s agreement to cease using the disputed marks.
The case is Casa Dimitri Corp. v. TechnoMarine USA, Inc. et al, 15-cv-21038-KMM
Written By: Adam Powell and Clayton R. Henson
Editors: John Sganga, Joseph Cianfrani and Boris Zelkind
More insights
Not All Mifflins Are Equal: When Commercial Impression Saves the Day
Written by : Rosaleen Chou Key Takeaway: Even where goods are identical or closely related, the TTAB continues to place significant weight on differences in commercial impression. A mark’s meaning, whether driven by pop culture context or literal…
Sound Marks They Are More Than Just Alright Alright Alright 20260629
Written by : Charlene A. Azema & Alexander G. Trimes Key Takeaway: Non-traditional trademarks like sound marks can provide valuable protection for distinctive sounds that function as source identifiers, particularly where other forms of intellectual…
Should Have Written a Better Consent and How Ey
Written by : Catherine Holland & Eric R. Blosser Key Takeaway: The Trademark Trial and Appeal Board (“ TTAB ” or “the Board”) afforded no weight to a bare-bones trademark consent agreement that contained no provisions for the…