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Results: 1-10 of 88

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


Religious institutions update: January 2013
  • Holland & Knight LLP
  • USA
  • January 4 2013

In 2000, Congress enacted the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. 2000cc et seq. (RLUIPA), in recognition that "new, small, or


Authorship claims are not false designation of origin
  • Holland & Knight LLP
  • USA
  • May 14 2012

Judge Guzman granted defendant’s Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff’s Lanham Act false designation of origin and false advertising claims, as well as plaintiff’s Illinois Deceptive Trade Practices Act claims


Unfair competition not preempted by Lanham Act
  • Holland & Knight LLP
  • USA
  • March 21 2012

Judge Guzman granted in part plaintiffs' (collectively "Persis") motion to dismiss defendant Burgett's counterclaim in this Lanham Act case involving the SOHMER mark


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


Affirmative defenses must meet pleading requirements
  • Holland & Knight LLP
  • USA
  • March 9 2012

Judge Guzman granted in part plaintiffs' (collectively "Persis") Fed. R. Civ. P. 12(f) motion to strike defendant Burgett's affirmative defenses in this Lanham Act case involving the mark SOHMER


Case split based upon differing forum selection clauses
  • Holland & Knight LLP
  • USA
  • October 21 2011

Moran Indus. Inc. v. Baker, No. 10 C 7653, Slip Op. (N.D. Ill. May 27, 2011) (Hibbler, Sen. J.). Judge Hibbler granted in part defendant's motion to dismiss and transfer in this Lanham Act case over Mr. Transmission and Meineke Car Care Center marks


Base allegations do not warrant veil piercing
  • Holland & Knight LLP
  • USA
  • January 13 2012

Judge Coleman granted the individual defendant Menas' motion to dismiss the counterclaims against him and granted in part defendant Green Recycling Enterprises' ("GRE") motion to dismiss plaintiffs' (collectively "FGC") counterclaim in this trademark case regarding recycling can systems with integral advertising


Laches claims generally not grounds for dismissal
  • Holland & Knight LLP
  • USA
  • June 29 2012

Judge Kennelly granted in part defendants’ (collectively “L&P”) motions to dismiss the plaintiffs’ claims in this Lanham Act case in this dispute regarding trademarked bratwurst


Jurisdictional facts regarding website activity required before default
  • Holland & Knight LLP
  • USA
  • October 14 2011

Judge Darrah dismissed without prejudice plaintiff's motion for a default judgment in this Lanham Act case about the UGG mark