Practice notes and watch

News

Short practice notes and a public-record watch of federal trademark suits, TTAB proceedings, and UK or foreign office matters. Longer case reviews are under Analysis. Allegations stay labeled as allegations.

Federal court

FoodieLand sues Foodees LLC, alleging the FOODEESFEST festival name and logo infringe its FOODIELAND marks

FoodieLand LLC filed a four-count complaint on October 16, 2026, in the Central District of California, No. 2:26-cv-12107, against North Carolina festival operator Foodees LLC. It alleges that FOODEESFEST is confusingly similar to its registered FOODIELAND marks, that Foodees LLC copied its website, and that a Charlotte event one week before FoodieLand's caused actual confusion. The counts are 15 U.S.C. § 1114, 15 U.S.C. § 1125(a), common law infringement and unfair competition, and Cal. Bus. & Prof. Code § 17200.

Federal court

Paul Mulholland sues D&E Media and an individual defendant over domain names using his name, including new registrations after a UDRP transfer order

Paul Mulholland filed a four-count complaint on October 15, 2026, in the District of New Jersey, No. 2:26-cv-13427, against Donald Emil Vollenweider, D&E Media, LLC, and John Does 1 to 10. He alleges that after a UDRP panel ordered domain names bearing his name transferred to him, defendants registered eight near-identical names that add an "e" to his name. The counts are cybersquatting under 15 U.S.C. § 1125(d), cyberpiracy protection for individuals under 15 U.S.C. § 8131, and New Jersey defamation and false light.

Federal court

Amazon and Kendra Scott sue four individuals and two LLCs over alleged counterfeit Kendra Scott jewelry sold in the Amazon Store

Amazon.com, Inc., Amazon.com Services LLC, and Kendra Scott, LLC filed a complaint on October 16, 2026, in the Western District of Washington, No. 2:26-cv-03954, against Vivien Khong, Jeremiah Strawn, Jeremiah Boutique LLC, Peter Newton, Paul Newton, Truck N Shadez LLC, and Does 1 to 10. It alleges three Amazon selling accounts sold counterfeit Kendra Scott jewelry, including Elisa necklace imitations, from 2024 through 2026 and gave Amazon falsified invoices and letters of authorization. Claims include counterfeiting under 15 U.S.C. § 1114 and false designation under 15 U.S.C. § 1125(a).

Federal court

Jubilee Catering sues its landlord, Folcroft Fire Company, and two individuals over banquet hall room names and its lease

Michael P. Romeo, LLC d/b/a Jubilee Catering by Romeo filed a complaint on October 15, 2026, in the Eastern District of Pennsylvania, No. 2:26-cv-07925, against Folcroft Fire Company, Deborah Armstrong, and Kevin Synder. It alleges the fire company's website used "Folcroft Banquet Hall Premier Room" and "Folcroft Banquet Hall Social Hall," names Jubilee claims as its marks (no registration is pleaded), with the fire company's own phone number, and that its leased kitchen was dismantled. It pleads false designation under 15 U.S.C. § 1125(a) plus state lease and tort claims.

Federal court

Bridlington Bud sues Walmart Marketplace seller SLANGO over ACDANC-branded sticky traps

Bridlington Bud Ltd filed a five-page complaint on October 15, 2026, in the Southern District of Florida, No. 1:26-cv-27216, against SLANGO, which it believes operates from Shenzhen, China. It alleges SLANGO's Walmart Marketplace store sold counterfeit or infringing sticky traps using its ACDANC mark, U.S. Reg. No. 6,362,407. The counts are infringement and counterfeiting under 15 U.S.C. § 1114 and false designation under 15 U.S.C. § 1125(a).

Federal court

Headlight Health sues Headlight Mental Healthcare, relying on intent-to-use priority from October 12, 2023: complaint allegations

Headlight Health, Inc. filed a complaint on October 15, 2026, in the District of Oregon, No. 3:26-cv-02262, against Headlight Mental Healthcare, PLLC (Arizona) and Headlight Mental Healthcare LLC (Oregon). It alleges that U.S. Reg. No. 8,315,599 for HEADLIGHT, which issued June 23, 2026 from an intent-to-use application filed October 12, 2023, gives it nationwide constructive-use priority under 15 U.S.C. § 1057(c), and that defendants' own founder put their first use in December 2023.

Federal court

What Do You Meme sues IdeaStage Promotions over EMOTIONAL SUPPORT plush toys sold in bulk: complaint allegations

What Do You Meme, LLC filed a complaint on October 14, 2026, in the Southern District of New York, No. 1:26-cv-09037, against IdeaStage Promotions LLC, an Arizona promotional products company. It alleges that IdeaStage sells Emotional Support plush toy sets in bulk on ideastage.com under the EMOTIONAL SUPPORT mark, which What Do You Meme registered for plush toys as U.S. Reg. No. 7,497,419, and that IdeaStage's product images copy its registered copyrighted images. USPTO records show that Reg. No. 7,497,419 is on the Supplemental Register, registered September 3, 2024.

Federal court

Patrick Ta Beauty sues CVS and Akstrom over unauthorized cosmetics sold under PATRICK TA and MAJOR HEADLINES: complaint allegations

Patrick Ta Beauty, LLC filed a complaint on October 14, 2026, in the Southern District of California, No. 3:26-cv-05867, against CVS Pharmacy, Inc. and Akstrom Imports, Inc. It alleges that CVS sells unauthorized cosmetics bearing its marks, including U.S. Reg. Nos. 6,653,954 (PATRICK TA) and 6,202,397 (MAJOR HEADLINES), sourced from Akstrom, and that a September 24, 2026 demand did not stop the sales.

Federal court

K&N Engineering sues Evil Energy over deep salmon air-filter trade dress and "better MPG" advertising: complaint allegations

K&N Engineering, Inc. filed a complaint on October 14, 2026, in the Central District of California, No. 5:26-cv-06049, against Evil Energy, Dark Horse Automotive Inc., and Taizhou Yibai Auto Parts Co., Ltd. It alleges that defendants sell aftermarket air filters in K&N's deep salmon color trade dress, including through ievilenergy.com, and make unsubstantiated "better MPG" and comparative advertising that references K&N. K&N cites U.S. Reg. No. 5,398,416 on the Supplemental Register for the color deep salmon as applied to air filters.

Federal court

Fish Window Cleaning sues a former Quincy franchisee over royalties, noncompete, and continued use of the FISH marks: complaint allegations

Fish Window Cleaning Services, Inc. filed a complaint on October 14, 2026, in the Northern District of Illinois, No. 1:26-cv-12612, against Alex Stinnett, COL 323 Inc., Lacy Stinnett, and River City Window Cleaning LLC. It alleges underreported royalties, a Franchise Agreement that expired without renewal on September 20, 2026, competing businesses River City Window Cleaning and Made New Quincy at the former franchise location, and continued online use of Fish Window Cleaning marks, including U.S. Reg. Nos. 2,244,693 and 2,631,518.

Federal court

NEW BATH TODAY owner sues New Bath, LLC over bath remodeling branding and newbathllc.com: complaint allegations

Sagehome Brands, LLC d/b/a New Bath Today filed a complaint on October 13, 2026, in the Northern District of Illinois, No. 1:26-cv-12550. It alleges that New Bath, LLC of Oswego, Illinois advertises bathroom and kitchen remodeling under marks covered by U.S. Reg. Nos. 5,999,920 and 5,999,921, runs newbathllc.com, and did not comply with a cease-and-desist that asked it to stop and transfer the domain.

Federal court

Gouldsburger's franchisor sues a Sicklerville operator over marks, trade dress, and an oral franchise it moved to terminate: complaint allegations

Gouldsburger's Franchise Systems, LLC filed a complaint on October 12, 2026, in the District of New Jersey, No. 1:26-cv-13261, against GB Sicklerville, LLC and Michael Joseph Murray. It alleges an oral franchise for a Gouldsburger's restaurant in Sicklerville, New Jersey, unpaid royalties, sales-tax remittance failures, a Notice of Termination sent on October 9, 2026, which the complaint says takes effect sixty days after receipt, and use of Gouldsburger's marks and trade dress outside the scope of the license.

Federal court

KING AUTO dealer sues another Colorado dealer over the same name and alleged Havana Street confusion: complaint allegations

King Auto Sale, Inc. filed a complaint on October 9, 2026, in the District of Colorado, No. 1:26-cv-05117. It alleges that King Auto Sale has sold cars under KING AUTO since 2018, that King Auto, Inc. began selling cars under the same mark in April 2026, and that customers have asked about its "other location" on Havana Street. King Auto Sale's Reg. No. 8,352,406 for dealerships in the field of cars issued July 21, 2026.

Federal court

Amazon and Foundation Wellness sue an Amazon seller over alleged counterfeit PowerStep orthotic inserts: complaint allegations

Amazon.com, Inc., Amazon.com Services LLC, Stable Step LLC, and Remington Products Company d/b/a Foundation Wellness filed a complaint on October 9, 2026, in the Western District of Washington, No. 2:26-cv-03838. They allege that Nesha Howell controlled Amazon selling accounts named Basket and Shoes Are Us Store that sold counterfeit PowerStep Pinnacle and PowerStep Original orthotic inserts.

Federal court

THE JUG PLUG maker sues NuRich and an Amazon seller over a "NuRich Jug Plug" and copied listing images: complaint allegations

Steel City Enterprises, Inc. filed a complaint on October 10, 2026, in the Northern District of Illinois, No. 1:26-cv-12456. It alleges that NuRich Accounting, LLC and James Boswell sell a silicone water-jug plug as the "NuRich Jug Plug" and on Amazon with copies of Steel City's listing images, and it says its rights in the words JUG PLUG come from use, because its registration covers a stylized mark and does not claim those words apart from the mark as shown.

Federal court

Heavy, Inc. sues Heavy Global over HEAVY. event branding after a letter of protest at the USPTO: complaint allegations

Heavy, Inc., which says it launched Heavy.com in 1999, filed a complaint on October 7, 2026, in the District of Delaware, No. 1:26-cv-01289. It alleges that Heavy Global Inc. brands its entertainment and music event services HEAVY and HEAVY., in black all-caps lettering like Heavy's own use, and it asks the court to order Heavy Global to abandon its pending U.S. application, Serial No. 79442261, with prejudice.

Federal court

TradeSun sues OpenAI over the GPT-6 Astra name, pleading reverse confusion with its registered ASTRA mark for AI software: complaint allegations

TradeSun, Inc. filed a complaint on October 5, 2026, in the Northern District of California, No. 3:26-cv-11360. It alleges that OpenAI OpCo, LLC and OpenAI Group PBC adopted "Astra" for an AI model launched in September 2026, after TradeSun registered ASTRA in 2022 for AI document classification and data extraction software, and it asks the court to bar OpenAI from using Astra, including "GPT-6 Astra" and the "gpt-6-astra" model identifier, and to order notice to Amazon Web Services, Microsoft, and enterprise customers.

Federal court

HexArmor sues Safety Test & Equipment over seven safety gloves sold under matching product numbers: complaint allegations

HexArmor, Limited Partnership filed a complaint on October 7, 2026, in the Western District of Michigan, No. 1:26-cv-02873. It alleges that Safety Test & Equipment Company, Inc. sells gloves that copy the color schemes and raised back patterns of seven HexArmor gloves under designations such as "HA-4080" and "STE-2020" that track HexArmor's product numbers, and it asks for preliminary and permanent injunctions.

Federal court

Two models sue King Street Cabaret's operator under the Lanham Act over altered images on its Facebook page: complaint allegations

Cielo Jean "CJ" Gibson and Jessica Hinton filed a complaint on October 8, 2026, in the District of South Carolina, No. 2:26-cv-04523. The complaint alleges that The Joker Supper Club, Restaurant and Lounge, LLC, doing business as King Street Cabaret, altered and posted their images on the club's Facebook page to make it appear they worked at, endorsed, or were otherwise associated or affiliated with the club, and it pleads Lanham Act false association and false advertising claims alongside seven state-law counts.

Federal court

SPICY CUBES seller sues over a KINKY CUBES page and ads allegedly presenting it as an upgraded SPICY CUBES: complaint allegations

& Company LLC, doing business as Spicy Cubes, filed a verified complaint on October 4, 2026, in the Northern District of Illinois, No. 1:26-cv-12151. The complaint alleges that Aufior LLC and Faizan Jamil sell KINKY CUBES gummies from a product page at cubesofficial.com/products/spicy-cubes and in ads that present KINKY CUBES as an upgraded SPICY CUBES, and it relies on common-law rights. USPTO records show that the plaintiff's December 2025 application to register SPICY CUBES was abandoned in July 2026.

Federal court

Textron sues Legacy EV (EZ Kruiser), alleging its EZ KRUISER mark trades on E-Z-GO: complaint allegations

Textron Inc., Textron Innovations Inc., and Textron E-Z-GO LLC filed a complaint on October 6, 2026, in the District of South Carolina, No. 2:26-cv-04487. The complaint alleges that Legacy EV LLC, doing business as EZ Kruiser, sells golf cars under the EZ KRUISER mark, and it asks the court to bar Legacy EV from using EZ KRUISER or any other mark, name, or domain name containing EZ or E-Z for golf cars, low-speed vehicles, utility task vehicles, personal transportation vehicles, parts, accessories, or related services.

Federal court

FLYING MONKEY seller sues R&S Wholesale over BLUE MONKEY pre-rolls on common-law rights: complaint allegations

White Label Leaf LLC filed a complaint on October 5, 2026, in the Middle District of Florida, No. 8:26-cv-03031. The complaint alleges that RIZ LLC, doing business as R&S Wholesale, distributes BLUE MONKEY pre-roll products under a name and blue monkey-head mascot that it calls confusingly similar to White Label Leaf's FLYING MONKEY mark, and it asks for an injunction covering the geographic markets where it says it has established common-law rights, plus any legally cognizable zone of natural expansion.

Federal court

Pragmatic Play sues alleged operators of gamblingcounting.com over live game feeds and its marks: complaint allegations

Tamaris (Gibraltar) Limited, operating as Pragmatic Play, filed a complaint on October 5, 2026, in the Eastern District of Virginia, No. 1:26-cv-03298. The complaint alleges that gamblingcounting.com streams live data feeds of Pragmatic Play's casino games under the PRAGMATIC PLAY marks, and it asks that the domain be placed on hold so it no longer resolves.

Federal court

Fourstar sues Quest over b.pure and biopure: complaint allegations

Fourstar Group Inc. filed a complaint on October 2, 2026, in the Middle District of Florida, Tampa Division, No. 8:26-cv-03009. The complaint alleges that Quest USA, Corp. and Quest Basics LLC mark personal care products as "biopure." in a way that is confusingly similar to Fourstar's b.pure mark.

TTAB

Precedential TTAB decision: a former associate did not own the BIRTH JUSTICE logo when she filed

On September 10, 2026, the Trademark Trial and Appeal Board mailed a precedential opinion in Opposition No. 91272167, Olsman, MacKenzie, Peacock & Wallace, P.C. v. Emily Grace Thomas. The Board sustained the opposition because Thomas did not own the applied-for BIRTH JUSTICE logo when she filed. It did not reach the fraud or Section 2(d) claims.

Federal court

BMW sues Boosted Motorsport over alleged counterfeit parts: complaint allegations

BMW of North America, LLC and Bayerische Motoren Werke AG filed a complaint on September 30, 2026, in the Central District of California, Western Division, No. 2:26-cv-11361. The complaint alleges that Boosted Motorsport Research Gruppe LLC and Saad Husain sell replica BMW, BMW M, and M PERFORMANCE parts bearing counterfeit marks on eBay and Etsy.

Federal court

Papaya King IP owner sues former licensee Grab & Go: complaint allegations

PKNY IP & Franchise, LLC filed a complaint on September 30, 2026, in the Southern District of New York, No. 1:26-cv-08606. The complaint alleges that Grab & Go Convenience LLC and Sajid "Sid" S. Sohail kept using PAPAYA KING marks after a license for a single restaurant ended.

Federal court

Dash.fi sues Meta over alleged Lanham Act false advertising: complaint allegations

Dash.fi Technologies Inc. filed a complaint on September 29, 2026, in the Northern District of California, No. 3:26-cv-11130. The complaint alleges that Meta made false or misleading statements about Dash.fi's ad-spend card and declined and then blocked the card on Meta's platforms after Dash.fi sought refunds and chargebacks for invalid ad traffic.

Federal court

Circuit of the Americas sues over a Garages of the Americas pitch deck: complaint allegations

Circuit of the Americas LLC filed a complaint on September 29, 2026, in the Western District of Texas, Austin Division, No. 1:26-cv-02745, assigned to Judge Andrew B. Davis. The complaint alleges that Gregory W. Seitz, O. David McGinnis, and John H. Lang, II used COTA marks and a copyrighted track drawing in an investor pitch deck for a parking and storage project near the track.

Federal court

Fiorelli Winery sues nearby Fierro Winery over brand confusion: complaint allegations

Three Doves Enterprises, Inc. d/b/a Fiorelli Winery & Vineyard filed a complaint on September 29, 2026, in the Middle District of Florida, Tampa Division, No. 8:26-cv-02991. The complaint alleges that Fierro Winery, LLC and Jonathan Fierro use FIERRO WINERY branding that is likely to cause confusion with Fiorelli's Florida-registered marks.

Federal court

Elanco sues Bimeda over purple CYDECTIN pour-on trade dress: complaint allegations

Elanco US Inc. filed a complaint on September 28, 2026, in the Northern District of Illinois, Eastern Division, No. 1:26-cv-11882, assigned to Judge Sunil R. Harjani. The complaint alleges that Bimeda's purple MoxiSolv Pour-On formulation infringes Elanco's registered purple-color trade dress for CYDECTIN pour-on.

Federal court

Univera sues German Hawk Sports over Amazon Transparency claims: complaint allegations

Univera Brands, LLC filed a complaint on September 28, 2026, in the District of Utah, Central Division, No. 2:26-cv-00903, assigned to Judge Howard Curtis Nielson Jr. The complaint alleges that Hawk Sports Industries, Germany, GmbH and Ali Raza used Amazon Brand Registry and Transparency tools against Univera's HAWK SPORTS listings after losing a TTAB opposition.

Federal court

Artivo sues over PALACIO flooring marks and alleged trade-secret diversion: complaint allegations

Artivo Surfaces, LLC and Galleher LLC filed a complaint on September 25, 2026, in the Northern District of California, No. 3:26-cv-10940, assigned to Judge Edward M. Chen. The complaint alleges federal and California trade-secret misappropriation, Lanham Act trademark infringement and unfair competition over the registered PALACIO mark, and related state claims against Scott Bertram and HF Design, LLC.

Federal court

Mickey Mantle rights holders sue Cardsmiths over Currency Series cards: complaint allegations

Mantle I.P. Holdings, Ltd and Major League Alumni Marketing, Inc. filed a complaint on September 24, 2026, in the Southern District of New York, No. 1:26-cv-08344, assigned to Judge Vernon Speede Broderick. The complaint alleges Lanham Act trademark infringement, false designation, and dilution, plus right-of-publicity and unfair-competition claims, over Currency Series 5 trading cards that feature Mickey Mantle.

Federal court

SharkNinja sues Amazon seller Spray and Pray: complaint allegations

SharkNinja Operating LLC filed a complaint on September 23, 2026, in the District of Massachusetts, No. 1:26-cv-14351, assigned to Judge Denise Jefferson Casper. The complaint alleges Lanham Act unfair competition and false advertising, plus state-law claims, against Spray and Pray LLC over Amazon sales of Shark and Ninja products.

Federal court

Pocket Movers sues True Mover over pocketmovers.com: complaint allegations

C&J Home Services, LLC, doing business as Pocket Movers, filed a complaint on September 23, 2026, in the Eastern District of Virginia, Alexandria Division, No. 1:26-cv-03148, assigned to Judge Leonie M. Brinkema. The complaint alleges that True Mover LLC used pocketmovers.com to redirect users to True Mover's site.

Federal court

Honey Berry mark owner sues New Jersey Honey Berry Cafe: complaint allegations

LA Enterprises Holding LLC filed a complaint on September 22, 2026, in the Northern District of Illinois, Eastern Division, No. 1:26-cv-11626, assigned to Judge Matthew F. Kennelly. The complaint names Honey Berry LLC and its listed manager, George Melassanos, as defendants and alleges Lanham Act infringement over a Spring Lake, New Jersey cafe.

Federal court

Tesla, SpaceX, and SpaceXAI seek a Terafab declaration: complaint allegations

Tesla, Inc., Space Exploration Technologies Corp., and SpaceXAI LLC filed a complaint for declaratory judgment on September 15, 2026, in the Western District of Texas, Austin Division, No. 1:26-cv-02543, assigned to Judge Andrew B. Davis. The complaint asks the court to declare that their TERAFAB and Terafab use does not infringe TERA-print, LLC's TERA-FAB rights.

TTAB

TTAB affirms the SNOWY THE MOUSE refusal for plush toys and puzzles

On September 14, 2026, the Trademark Trial and Appeal Board affirmed a Section 2(d) refusal of SNOWY THE MOUSE, Serial No. 98753836, for plush toys and jigsaw puzzles. The Board found confusion likely with the registered mark SNOWY for stuffed toys. The opinion states that it is not a precedent of the TTAB.

Federal court

Virginia health agency sues virginiawic.com under the ACPA: complaint allegations

The Virginia Department of Health filed an in rem complaint on September 24, 2026, in the Eastern District of Virginia, case 1:26-cv-03167. The complaint alleges that virginiawic.com was registered and used in bad faith after VDH's domain-name registration lapsed, and it seeks transfer of the domain under the Anticybersquatting Consumer Protection Act.

Federal court

Fricker's sues Frikn Coffee over POWERED BY FRIKN: complaint allegations

Fricker's Progressive Concepts sued Frikn Coffee LLC in the Northern District of Oklahoma on September 24, 2026, case 4:26-cv-00590. The complaint alleges Lanham Act infringement and related claims over the POWERED BY FRIKN mark for coffee-enhanced energy drinks, and it asks the court to cancel U.S. Registration No. 7,108,619.

Federal court

Outkast's trademark company sues Ovrkast: complaint allegations

High Schoolers, LLC sued Silas Wilson (Ovrkast) in the Northern District of Georgia on September 16, 2026, case 1:26-cv-05345. The complaint alleges Lanham Act infringement, dilution, unfair competition, and breach of an alleged settlement to rebrand as OVERKXST.

TTAB

TTAB sustains a PET-AGREE opposition on claim preclusion

On September 16, 2026, the Trademark Trial and Appeal Board sustained Opposition No. 91263504. The opinion sustains Mars's claim preclusion claim after PAGS refiled a slightly changed PET-AGREE GROOMING SUPPLIES mark for narrowed wholesale pet-grooming-supply services. The opinion states that it is not a precedent of the TTAB.

UK / foreign

LexisNexis reports the UKIPO invalidated GPT and ChatGPT marks

UK and foreign: LexisNexis IP reporting dated 22 September 2026 says the UK Intellectual Property Office invalidated the GPT and ChatGPT trade marks and rejected OpenAI's opposition to ChainGPT, treating GPT as descriptive for AI software. This note follows that report.

TTAB

Philip Morris cancellation: the TTAB denied a tribal-immunity summary judgment motion

On September 18, 2026, the Trademark Trial and Appeal Board denied the defendants' summary-judgment motion in Cancellation No. 92063134. Bloomberg and Law360 report a first-impression ruling that tribal sovereign immunity does not bar a TTAB challenge to a federal registration. This is not a final cancellation.

Federal court

New Balance sues Decathlon over a KIPRUN logo: complaint allegations

New Balance Athletics sued Decathlon in the District of Massachusetts on September 15, 2026, case 1:26-cv-14235. The complaint alleges that a KIPRUN logo is likely to be confused with New Balance's N mark and pleads Lanham Act claims.

TTAB

TTAB sustains the Cielo opposition to O EL CIELO VALLE DE GUADALUPE

On September 3, 2026, the Trademark Trial and Appeal Board sustained Opposition No. 91287216. The TTABlog reports that decision as precedential, and reports that the Board found O EL CIELO VALLE DE GUADALUPE for wine likely to be confused with CIELO for wines.

TTAB

TTAB affirms a functionality refusal of green tripod legs

On August 25, 2026, the Trademark Trial and Appeal Board affirmed a functionality refusal of the color green as applied to the legs of construction and surveyor tripods. The application is Serial No. 98404066, In re Dave White's SitePro. The opinion states that it is not a precedent of the TTAB.

USPTO practice

USPTO representation tightened: foreign-domiciled filers need U.S. counsel

If your domicile is outside the United States, the United States Patent and Trademark Office requires a U.S.-licensed attorney on your trademark work. That rule has been in force since August 3, 2019, and it is still the one that catches people off guard.