We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 86

Motion to dismiss conflicting with service affidavit raises “red flag”
  • Holland & Knight LLP
  • USA
  • November 5 2012

Judge Shadur sua sponte raised several issues with defendant’s motion to dismiss in this trademark case


Oral settlement on the record is enforceable
  • Holland & Knight LLP
  • USA
  • October 17 2012

Judge Cox recommended granting plaintiff’s motion to enforce the parties’ oral agreement and denied defendant’s motion for declaration of the absence of an agreement in this trademark case


Defendant waived personal jurisdiction by its actions, if not its filings
  • Holland & Knight LLP
  • USA
  • May 20 2011

Judge Zagel denied defendant Azteca Products' ("Azteca") Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction in this Lanham Act case


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


Presumed harm not enough for injunction where plaintiff shows little likelihood of success
  • Holland & Knight LLP
  • USA
  • February 14 2011

Judge Gilbert denied plaintiff's motion for preliminary injunction in this Lanham Act matter


Infringement claims against corporate officers require active participation
  • Holland & Knight LLP
  • USA
  • July 1 2011

Judge Coleman granted the individual defendants' and Aslan Financial Group's Fed. R. Civ. P. 12(b) motion to dismiss plaintiff Free Green Can's trademark infringement and related state law claims


Lucasfilms strikes back getting attorney's fees
  • Holland & Knight LLP
  • USA
  • March 14 2012

Judge Conlon entered an award of plaintiff Lucasfilm's attorney's fees and costs in this trademark dispute


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


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


Defendant has right to bring declaratory trademark claims
  • Holland & Knight LLP
  • USA
  • February 17 2012

Judge Reinhard granted in part plaintiff ExactLogic's motion to dismiss defendant Xactlink's counterclaims