• Posts Tagged ‘jus tertii’

    Jus Tertii is Disfavored Except When It 100% Works

    by  • September 21, 2020 • trademark • 0 Comments

    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...

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    Privity as a Sword

    by  • June 22, 2011 • trademark

    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....

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    50% Successful With Jus Tertii Defense

    by  • May 21, 2010 • trademark

    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...

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