Category Archives: Litigation

LLC “At Home” In Its State of Organization

In the Tenth Circuit, a limited liability company (“LLC”) is not a corporation for purposes of diversity jurisdiction—instead, LLCs are “unincorporated associations” whose citizenship is based on each of the entities’ members for purposes of diversity. See Mgmt. Nominees, Inc. v. Alderney Inv., LLC, 813 F.3d 1321, 1324 (10th Cir. 2016). The U.S. Supreme Court, […]

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Money of Account IOU Doesn’t Satisfy Money Judgment

A self-represented or pro se defendant was found liable for infringing plaintiff’s NORTHSTAR MOVING trademark, and a permanent injunction was issued for him to cease using “NorthStar Movers” with its moving services. The Court’s Final Judgment also awarded $13,059,727.60 for federal trademark infringement. Final Judgment, NorthStar Moving Holding Co., Inc. v. King David Van Lines, […]

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Reply-All with Implied Consent

The American Bar Association’s Standing Committee on Ethics and Professional Responsibility issued its Formal Opinion No. 503 on November 2, 2022, which concluded that a lawyer may ethically respond to a group email from opposing counsel with a “reply all” message even if the initiating group email’s recipients included the sending lawyer’s client. ABA Model […]

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Process Serving Foreign Entities Via the USPTO

The Ninth Circuit has ruled that service of process for a lawsuit against a foreign company that affects a U.S. trademark registered to that foreign company, can be made through the Director of the U.S. Patent and Trademark Office (“USPTO”). Under 15 U.S.C. § 1051(e), a trademark applicant domiciled in a foreign country can designate […]

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Fake Vogue Cover Likely to be Trademark Infringement

The issue in trademark infringement is not the alleged misappropriation of creative expression, but rather, the likelihood of confusion in the marketplace as to the source of goods or services. But the First Amendment limits the application of trademark law with respect to an expressive work. See Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989); […]

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