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...
Read more →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....
Read more →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...
Read more →Attorney Advertising. Prior results do not guarantee a similar outcome.
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