Tag Archives: Counterclaim

Finding PILLOW PODS Confusable With PILLOW PAWS for Socks, TTAB Grants Cancellation Petition, Dismisses Section 18 Counterclaim

The Board granted a petition for cancellation of a registration for the mark PILLOW PODS for "socks," finding a likelihood of confusion with the registered mark PILLOW PAWS for "slipper socks, slippers, socks." Respondent's evidence of third-party use and registration … Continue reading

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Another Inequitable Counterclaim Dismissed after Thereasense

Plaintiff filed a patent infringement action against the defendant alleging that certain of defendant's T-shirt transfer products infringed plaintiff's patent. Defendant filed an answer and counterclaim which accused the plaintiff of inequitable conduct in amending its patent during a reissuance … Continue reading

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Rule 9(b) dooms Lanham Act counterclaim

Control Solutions, LLC v. Oshkosh Corp., 2011 WL 1131329 (N.D. Ill.) Control Solutions makes, among other things, a power door system for armored vehicles. Oshkosh makes armored vehicles under the registered Oshkosh mark. In 2008, the Army solicited bids for … Continue reading

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Defamation As A Counterclaim

Yahoo! alleges that defendant committed trademark infringement by sending fake ltotery spam. Defendant brings counterclaim alleging that (1) he didn't commit infringement; (2) therefore he is being defamed. Yahoo! moves to dismiss counterclaim. Court notes in decisding Yahoo's motion to … Continue reading

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