Category Archives: acpa

UDRP expenses count as injury for purposes of TM case

Posted on February 25, 2015 by rtushnet

Migliore & Associates, LLC v. Kentuckiana Reporters, LLC, No. 3:13–CV–315, 2015 WL 730058 (W.D. Ky. Feb. 19, 2015)   Note: a genuine pleasure to read! Thank you, Judge Heyburn. Migliore, a court reporter, sued Kentuckiana for trademark infringement and ACPA … Continue reading →

Posted in acpa, http://schemas.google.com/blogger/2008/kind#post, standing, trademark | Leave a comment

Texas anti-SLAPP law doesn’t protect lawyer’s ads

Posted on March 14, 2014 by rtushnet

NCDR, L.L.C. v. Mauze & Bagby, P.L.L.C., 2014 WL 941049, — F.3d —- (5th Cir. Mar. 11, 2014) M&B, a Texas law firm, solicited former dental patients from plaintiff Kool Smiles’ dental clinics as potential clients.  Allegedly, “M&B ran television, … Continue reading →

Posted in acpa, advertising, commercial speech, defamation, http://schemas.google.com/blogger/2008/kind#post, trademark | Leave a comment

Lanham Act and ACPA damages not dischargeable in bankruptcy

Posted on October 15, 2013 by rtushnet

In re Butler (Skydive Arizona, Inc. v. Butler), Bkcy. No. 11–40930, No. 11–4037, 2013 WL 5591922 (N.D. Ca. Sept. 9, 2013) Here, the debtor was unable to discharge his liability for violation of ACPA, trademark infringement, and false advertising, because … Continue reading →

Posted in acpa, damages, fees, http://schemas.google.com/blogger/2008/kind#post, trademark | Leave a comment