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Official Pillowtex LLC v. Hollander Home Fashions Corp.
06-CV-362, 2007 WL 879578, S.D. Ohio, 03/26/2007
Holding
Plaintiff alleging false designation of origin does not need enforceable rights in the mark for the court to have subject matter jurisdiction.
Detailed Summary
Plaintiff acquired the assets of Fieldcrest, including 2 “Velvet Touch” marks. Before plaintiff had the chance to market products with these marks, the registrations were cancelled. Plaintiff sought to re-register them but has not yet marketed any products with those marks. Defendant has been selling bedding products with the same marks and, after sending cease and desist letters, plaintiff filed claims under the Lanham Act and state law. Defendant argued that because the marks had been cancelled, plaintiff lacked enforceable rights and thus the court did not have subject matter jurisdiction. The court held that though common law required plaintiff to have enforceable rights to proceed on a Lanham Act claim, Congress did not replicate that requirement in the statute, which, according to the court, indicated its intent to provide a federal forum for intellectual property cases absent other factors that impede a plaintiff’s ability to sue in federal court.
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Companies Mentioned
Trademark Law
The following companies are mentioned in Trademark Law Updates:
Houndstooth Corp.
Harringbone Creative Services, Inc.
Mars, Inc.
Chute Gerdeman, Inc.
Tiffany (NJ) Inc.
Tiffany & Co.
eBay, Inc.
NTU Electronics, Inc.
Midway Services, Inc.
MDCO, Inc.
Custom Manufacturing and Engineering, Inc.
Automated Engineering Corp.
Woofies, LLC d.b.a. Woofie’s Pet Boutique
Louis Vuitton Malletier S.A.
International Trademark Association
Haute Diggity Dog, LLC
JA Apparel Corp.
WMS Gaming, Inc.
WPC Productions Ltd.
PartyGaming PLC
Talisker Corp.
Talisker Deer Valley Corp.
Prime West Jordanelle, LLC
Prime West Jordanelle II, LLC
Monster Cable Products, Inc.
Tabacalera Popular Cubana, Inc.
Audiovox Corp.
Max Rohr, Inc.
Cuban Cigar Brands, N.V.
Nasalok Coating Corp.
Qualcomm Inc.
Nylok Corp.
Broadcom Corp.
Future Lawn, Inc.
Schussler Creative, Inc.
Maumee Bay Landscape Contractors, LLC
Able Time, Inc.
Axiom Worldwide, Inc.
Manheim Auctions, Inc.
North American Medical Corp.
Auction Management Solutions, Inc.
Adagen Medical International, Inc.
Pfizer Inc.
Utah Lighthouse Ministry
JetAngel.com
Discovery Computing, Inc.
Princess Paper, Inc.
Foundation for Apologetic Information & Research
Sysco Corp.
General Conference of Seventh-day Adventists
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