Intellectual Property Entertainment Law
In this trademark infringement case, FBBC represented a trademark holder, B&B Hardware (“B&B”) in an action against a fastener manufacturer for trademark infringement and other claims. B&B held a federally registered trademark for its fastener product. In a prior trademark infringement action filed by B&B against the manufacturer several years earlier, before B&B was represented by FBBC, a jury found that B&B’s mark was merely descriptive and had not acquired a secondary meaning. Thus, the jury found in favor of the manufacturer. On the heels of this victory, the manufacturer tried to obtain its own trademark registration for the mark. If successful, this could have been devastating for B&B. B&B subsequently hired FBBC, which promptly stopped the fastener manufacturer from getting its own registration. Thereafter, the US Patent and Trademark Office acknowledged B&B’s trademark as being “incontestable.” FBBC then filed a new trademark infringement action against the manufacturer. The district court initially dismissed the action, claiming that B&B had already had its day in court years earlier. However, the Court of Appeals for the 8th Circuit reversed the dismissal, finding that because B&B’s mark had become incontestable, it could no longer be challenged for mere descriptiveness. With its claims now resurrected, B&B is now positioned to obtain profits and damages from the manufacturer-defendant whose sales of products under the infringing trademark exceed $25,000,000.00.
After successfully forcing dismissal of lawsuit against its client, FBBC prevailed on appeal in the Ninth Circuit, while seeking and receiving sanctions against McCormick.
Spartan sought millions of dollars of alleged damages from Boondock. Through careful strategy, FBB&C was able to eliminate Spartan’s claims before trial and then focused on Spartan by proceeding to prosecute Boondock’s new claims against Spartan. Spartan settled Boondock’s claims before trial on terms favorable to Boondock that Spartan again requested be kept confidential.
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