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 me, the interesting analysis is Judge Feinerman’s support for piercing the corporate veil to go directly at Mr. Howard Piggee III. The court when through a less often seen analysis of when and how piercing the corporate veil is done. Here Piggee is the president and only attorney providing services through HP3. Therefore, when HP3 infringes the rights of the Association, then the Association may go after the sole shareholder directly.
This case is well worth a read on this issue that frequently comes into play with small defendants. Call me if you want to talk. 312-382-9400. ~ Jim Faier. The image is from Harley-Davidson on upsight ###