Traverse Internet Law Federal Court Report: February 2012 - Trademark Infringement Lawsuits

Traverse Internet Law Disclaimer

The facts are unproven allegations of the Plaintiff and all commentary is based upon the allegations, the truthfulness and accuracy of which are likely in dispute.


ACTION INK, INC. v. NEW YORK JETS, LLC, ET AL.
EASTERN DISTRICT OF LOUISIANA (NEW ORLEANS)
2:12-CV-00046
FILED: 1/6/2012

Whenever you are going to use a name make sure that you get “clearance” for uses of non-famous names that are only in the same category of goods or services. In other words, “apple” computers can use that name despite the fact that there is an “apple” record label because they are involved in different uses that would not reasonably create any type of confusion among the consuming public.

Action Ink claims to hold a trademark in the term “the ultimate fan”. It alleges that the New York Jets are using that name to identify an application it is distributing. The Plaintiff alleges that the use is conflicting with the category of goods and services for which the trademark provides protection.

The Plaintiff alleges trademark infringement, false designation of origin, and unfair competition. The Plaintiff’s prayer for relief requests the Defendants be permanently enjoined from the use of infringing marks, the entry of an award of the Defendants’ profits and damages sustained by the Plaintiff, the award of a judgment for corrective advertising, and any other further relief as the Court deems just and proper. Traverse Internet Law Cross-Reference Number 1545.