Swinging for the fences: court finds fraud on PTO from false first use date

Anello Fence, LLC v. VCA Sons, Inc., 2019 WL 351899, No. 13-3074 (JMV) (JBC) (D.N.J. Jan. 28, 2019)“This trademark case arises out of a family dispute over the use of the last name ‘Anello’ in competing outdoor fencing businesses in northern New Jersey.” And you could probably get a decent Hollywood movie out of it, or maybe even an HBO series. Steven Anello owns Anello Fence, and Steven’s cousins Vincenzo Jr., Salvatore, Christopher, and Anthony own VCA Sons, Inc. Anello Fence sued the defendants for trademark infringement, contributory trademark infringement, misrepresentation, false designation of origin, false advertising, unfair competition, unjust enrichment, and tortious interference. VCA counterclaimed for cancellation of trademark registration, false advertising, cybersquatting, and unfair competition; here the court grants summary judgment to VCA on Anello Fence’s claims.In 1963, Emilio Sr. and Joseph Anello started a fencing…

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