Author: James Faier
Faier’s IP world: LAW TIGERS vs. TIGER LAW. Lessons on piercing the corporate veil in a trademark matter. American Assoc. of Motorcyle Injury Lawyers, Inc. v. HP3 Law, LLC and Howard Piggee III. USDC-N.Il. 2021 WL 3054799. July 20, 2021.
Hon. Judge Gary Feinerman does a good job of running through Motion to Dismiss analysis filed by the defendant, in this case, resulting in a denial of that motion. Plaintiff proffers evidence of years of use of its LAW TIGER registered trademark in 24 states along with substantial evidence of sales and promotional investment. To […]read more
Faier’s View on the Northern District of Illinois / CA7 Trademark Decisions: CA7 says stay district court matter where prior-filed state matter may result in those claims being barred pursuant to Res Judicada – Legat v. Legat Architects, 2021 WL 2566771 (June 23, 2021)
Today’s trademark decision, released June 23, 2021), turns on a co-pending matter under Illinois law brought under the Illinois Deceptive Trade Practices Act, Illinois Consumer Fraud and Deceptive Trade Practices Act. Legat sued his old firm under the Lanham Act arguing that they were unjustly enriched using the LEGAT mark. The firm argued that they […]read more
Chutzpah at the Northern District of Illinois: Toyo Tire v. Atturo Tire, 2021 WL 1853310, (Northern Dist. of IL, Eastern Div.) May 10, 2021. By James Michael Faier, M.P.P., M.B.A., J.D. (Reg. Patent Attorney 56731)
Between the lines I can hear Hon. Judge Mary Rowland scolding Toyo Tire in its case against Atturo Tire saying, you must be kidding me – you are twice sanctioned in this case for dragging your feet and now you want a certification under FRCP 54(b) so that you can immediately take an appeal because […]read more
Today the USPTO sent out an email blast stating that citing to Covid and explaining how it has resulted in nonuse of a mark may be sufficient to meet the standard for excusable nonuse under Section 8 or 71 of a U.S.A. federal trademark act. In the life of a trademark registration, the owner of […]read more
Faier on IP Law: Personal Jurisdiction and Rubik’s Brand v. The Partnerships and Unincorporated Associations identified on Schedule A. 2021 WL 825668 (NDIL) March 4, 2021.
This is a great case that raises the thought provoking issue of personal jurisdiction in federal court in instances of trademark infringement. Plaintiff filed suit against 676 online sellers arguing that each infringed plaintiffs with regard to Rubik’s cube. We get this case because one defendant from China, Yoyoly, showed up to argue that the […]read more