Maryland Intellectual Property Law Blog : Maryland Intellectual Property Lawyer & Attorney : Brian Wm. Higgins : Serving Baltimore, Columbia, Frederick

• Man & Machine, Inc. v. Apple, Inc., No. 8:2008cv02453 (D. Md filed Sep. 18, 2008); assigned to J. Williams

     Man & Machine, Inc. (M&M), a Maryland company based in Landover, MD, owns the federally registered MIGHTY MOUSE trademark, which, according to Trademark Office records, was first used in commerce in 2004 (in connection with M&M's medical and industrial and hygienic waterproof computer mice products).

     In its Complaint, M&M contends that Apple's Mighty Mouse product infringes M&M's trademark, that Apple purchased the keyword "Mighty Mouse" from various Internet search engines to drive search engine traffice to Apple's website, and that Apple received an invalid license from CBS Operations for use of CBS's MIGHTY MOUSE trademark, which is allegedly the subject of a pending trademark application for computer mice, and is also the subject of a trademark opposition (CBS Corporation allegedly owns the mark MIGHTY MOUSE for use in connection with toys and children's apparel).

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• Pinkberry, Inc. v. Yogiberry, Inc., No. 8:2008cv02355 (D. Md. filed Sep. 9, 2008); assigned to J. Titus

     California-based Pinkberry, Inc. is a wildly popular upscale frozen yogurt restaurant with stores in New York and California. In its complaint against Olney, MD-based Yogiberry, Inc., Pinkberry characterizes its product line as "frozen yogurt with optional toppings that include fresh fruit, cereals and nuts, as well as smoothies and shaved ice under the distinctive Pinkberry branding in a unique, cafe-style restaurant setting." Comparing its branding success to "the way that Apple Computers revolutionized the computer industry," Pinkberry asserts that it has revolutionized the yogurt business by offering a product selection and consumer experience that are uniquely Pinkberry.  It cites Time, Fortune, Los Angeles Times, New York Times, and Reuters, as well as blogs, as evidence of its unique stature in the industry.

     Pinkberry contends that Yogiberry's business "deliberately imitates Pinkberry's highly distinctive branding and trade dress."  It contends that the use of the YOGIBERRY mark infringes the registered PINKBERRY mark, service marks, and trade name, in a confusingly similar manner to sell goods that unfairly compete with Pinkberry's, and it further contends that Yogiberry has misappropriated Pinkberry's trade dress.  Pinkberry is seeking an injunction, monetary damages, and forfeiture of signage.

     Reed Smith's Mark Wasserman (Falls Church, VA) filed the complaint on behalf of Pinkberry.

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