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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