jus tertii

September 21, 2020

Jus Tertii is Disfavored Except When It 100% Works

This is a litigation strategist’s dream. I don’t think the outcome is right, but I will say it was really excellent lawyering. Plaintiff Business Moves Consulting, Inc. owns a trademark registration for: for a long list of clothing items. It sued Collegiate Licensing Company, LLC and others for trademark infringement.1 CLC is a licensing agent… Continue reading

trademark

jus tertii, sovereign immunity

June 22, 2011

Privity as a Sword

Awhile back I reported on a case where a jus tertii defense was allowed to go forward. The defendant, Baroody Imports, claimed that its licensor, Orouba Agrifoods Processing Company, an Egyptian company and not a party to the suit, really owned the “Basma” trademark Baroody was accused of infringing, not plaintiff United Food Imports. But… Continue reading

trademark

Baroody, basma, claim preclusion, jus tertii, res judicata, United Food

May 21, 2010

50% Successful With Jus Tertii Defense

There are a couple of recent cases with an ownership-based defense that one doesn’t see very often – the jus tertii defense. “Jus tertii” – Wikipedia says Latin for “third party rights” – is a claim by a defendant that someone else has rights superior to the plaintiff’s that defeat the plaintiff’s claim. It’s generally… Continue reading

trademark

Baroody, basma, Bibiji, Golden Temple, jus tertii, Puri, United Food, Yogi

Property, intangible

Jus Tertii is Disfavored Except When It 100% Works

Privity as a Sword

50% Successful With Jus Tertii Defense

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