In a June 17, 2016 ruling, Judge Coleen McMahon denied the plaintiff's motion for a preliminary injunction against trademark infringement, and ordered the plaintiff to show cause why the entire action should not be dismissed. Despite two registration's for the plaintiff's mark with the PTO, the Court found that the mark was essentially a copy of the flag of the former Kingdom of Laos. Judge McMahon ruled that "[i]t is axiomatic that a design comprising a flag cannot be trademarked." The Court rejected the plaintiff's argument that the former Kingdom had abandoned the flag in 1975, similarly finding that under the PTO's Trademark Manual of Examining Procedures, "'former flags of existing countries, states or municipalities are refused.'" Without a protectible mark, Judge McMahon noted that none of the plaintiff's claims appeared to state a claim for relief, and issued the order to show cause as to why they should not be dismissed.
for the Southern District of New York
Court Denies Preliminary Injunction in Trademark Infringement Action
In a June 17, 2016 ruling, Judge Coleen McMahon denied the plaintiff's motion for a preliminary injunction against trademark infringement, and ordered the plaintiff to show cause why the entire action should not be dismissed. Despite two registration's for the plaintiff's mark with the PTO, the Court found that the mark was essentially a copy of the flag of the former Kingdom of Laos. Judge McMahon ruled that "[i]t is axiomatic that a design comprising a flag cannot be trademarked." The Court rejected the plaintiff's argument that the former Kingdom had abandoned the flag in 1975, similarly finding that under the PTO's Trademark Manual of Examining Procedures, "'former flags of existing countries, states or municipalities are refused.'" Without a protectible mark, Judge McMahon noted that none of the plaintiff's claims appeared to state a claim for relief, and issued the order to show cause as to why they should not be dismissed.
Labels
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09 Civ. 10112
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09 Civ. 528
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10 Civ. 3734
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10 Civ. 7246
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11 Civ. 1001
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11 Civ. 1594
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11 Civ. 4985
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11 Civ. 6808
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12 Civ 5071
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12 Civ. 3699
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12 Civ. 3810
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12 Civ. 4919
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12 Civ. 5070
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12 Civ. 5230
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12 Civ. 6283
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12 Civ. 779
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12 Civ. 7902
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12 Civ. 9260
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12 Civ. 95
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13 Civ. 1787
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13 Civ. 684
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ACPA
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Advice of Counsel
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Affirmative Defense
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ANDA
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Anonymity
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Attorneys' Fees
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18
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Bifurcation
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Breach of Contract
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Case or Controversy
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Contempt
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Copyright
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Copyright Infringement
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Counterfeiting
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4
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Damages
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Declaratory Judgment
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Default Judgment
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Federal Circuit
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Patent Infringement
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56
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