Many California residents use Amazon Prime to order products. However, a trucking company called Prime Inc. says that Amazon is infringing on its trademark by using the word "prime" on trailers used to deliver goods. The company has filed a lawsuit in the Western District of Missouri seeking financial damages related to the infringement. Specifically, the company claims that it is entitled to three times Amazon's profits or three times the losses that the infringement has caused.
California residents who are interested in intellectual property matters should be aware of a ruling of the United States Appeals for the Ninth Circuit. The court rejected in part and affirmed in part the dismissal of a district court regarding the allegations of copyright infringement, breach of contract and the violation of the Digital Millennium Copyright Act. The court determined that there were aspects of the claims that were disqualifying based on the patent infringement suit that was previously filed.
The Supreme Court decided in June 2019, that trademarks with foul language would be legally permitted, striking down a long-time ban on the practice. The ban on immoral or offensive language in trademarks affected companies in California and many other states, but the court decided that this ban violated the constitutional free speech rights of Americans. The restriction on trademark language had been in place since 1905.