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Successful trademark plaintiff awarded its attorney's fees pursuant to a franchise agreement

  • Holland & Knight LLP
  • -
  • USA
  • -
  • January 4 2012

Judge Dow awarded plaintiffs (collectively "Quizno's") their attorney's fees of approximately $28k in this franchise and trademark case involving Quizno's restaurants

“Special sharing” allows claims against corporate officer

  • Holland & Knight LLP
  • -
  • USA
  • -
  • January 3 2013

Judge Finnegan denied individual defendant Lang’s Fed. R. Civ. P. 12(b)(1) & (6) motion to dismiss this Lanham Act suit. Lang argued that plaintiff Lang

Must decide form of dismissal before considering fees

  • Holland & Knight LLP
  • -
  • USA
  • -
  • March 28 2012

Judge Manning mooted defendant Groh’s objections to the Magistrate Judge’s failure to award attorney’s fees for a voluntary dismissal in this copyright and trademark action

Sales to sixteen Illinois dentists creates jurisdiction

  • Holland & Knight LLP
  • -
  • USA
  • -
  • February 16 2011

Judge Dow denied defendant's Fed. R. Civ. P. 12(b) motion to dismiss this Lanham Act dispute regarding plaintiff's 360 Dental Laboratories mark

Funeral home false designation of origin case survives

  • Holland & Knight LLP
  • -
  • USA
  • -
  • January 20 2012

Judge Holderman denied defendants' Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff's Lanham Act false designation of original claim in this trademark dispute involving funeral home trademarks - Lloyd Mandel Levayah Funerals (plaintiff) and Lloyd Mandel Mitzvah Memorial Funerals (defendant

Facebook sufficiently pleads Lanham Act claims against Teachbook

  • Holland & Knight LLP
  • -
  • USA
  • -
  • March 23 2012

Judge Aspen denied defendant Teachbook’s motion to dismiss plaintiff Facebook’s Lanham Act complaint

Likelihood of confusion not conducive to summary judgment

  • Holland & Knight LLP
  • -
  • USA
  • -
  • May 23 2012

Judge Coleman denied plaintiffs summary judgment as to their Lanham Act infringement, deceptive trade practices and unfair competition claims

Limited generic use does not render a mark generic

  • Holland & Knight LLP
  • -
  • USA
  • -
  • July 19 2013

Judge Darrah denied defendant Facebook’s summary judgment motion arguing that plaintiff Timeline’s TIMELINE trademark was generic or descriptive, and

RFRA is no defense to trademark infringement

  • Holland & Knight LLP
  • -
  • USA
  • -
  • May 17 2012

In General Conf. Corp. of Seventh-day Adventists v. McGill, No. 1:06-cv-01207 and 1:11-mc-00003, 2012 WL 1155465 (W.D. Tenn. Ap. 5, 2012), the court held that the Religious Freedom Restoration Act (“RFRA”) may not be used as a claim or defense in lawsuits between private parties

Court tries Lanham Act case on the papers

  • Holland & Knight LLP
  • -
  • USA
  • -
  • January 28 2011

Judge Zagel held that defendant Procter & Gamble's ("P&G") intellectual property rights could not be held infringed based upon the available evidence and held that on the available record, the Court could not grant attorney's fees because a prevailing party could not be determined, in this Lanham Act case regarding P&G's alleged trademarks and trade dress in its Herbal Essence hydrating shampoos and conditioners