Text of Decision in D. Conn Motion to Dismiss re SPORTSPOD Trademark

Anthem Sports LLC v. Under the Weather, LLC, 17cv596 (D. Conn. March 6 2018) Patent and trademark dispute relating to small tents for viewing outdoor sports. As 43(B)log points out, the judge used the term SPORTSPOD generically in the decision, which doesn’t bode well for the trademark claim. Calling something a shoddy knockoff is an opinion and therefore not actionable under 43(a)(1)(B). Falsely claiming to be the inventor of something is not actionable under 43(a)(1)(A) per Dastar.

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