In a July 9, 2013 ruling, Judge George B. Daniels held that "there is no explicit rule that advice of counsel is an affirmative defense that must be pled in one's answer pursuant to Fed. R. Cir. P. 8(c) in a trademark case." The plaintiff, Bath & Body Works Brand Management, Inc., had started a declaratory judgment against defendant Summit Entertainment, LLC, the producer and distributor of the popular Twilight movies, for a declaration that Bath & Body's "Twilight Woods" and "Twilight Crush" marks did not infringe Summit's "Twilight" marks. Summit counterclaimed for infringement, and Bath & Body asserted, among other defenses, that its "actions were innocent and non-willful." In answering Summit's third amended complaint, Bath & Body also asserted as an affirmative defense that Summit's "'counterclaims are barred in whole or in part by the doctrine of advice of counsel.'"for the Southern District of New York
Showing posts with label 11 Civ. 1594. Show all posts
Showing posts with label 11 Civ. 1594. Show all posts
Reliance on Advice of Counsel Need Not be Plead as Affirmative Defense in Trademark Infringement Action
In a July 9, 2013 ruling, Judge George B. Daniels held that "there is no explicit rule that advice of counsel is an affirmative defense that must be pled in one's answer pursuant to Fed. R. Cir. P. 8(c) in a trademark case." The plaintiff, Bath & Body Works Brand Management, Inc., had started a declaratory judgment against defendant Summit Entertainment, LLC, the producer and distributor of the popular Twilight movies, for a declaration that Bath & Body's "Twilight Woods" and "Twilight Crush" marks did not infringe Summit's "Twilight" marks. Summit counterclaimed for infringement, and Bath & Body asserted, among other defenses, that its "actions were innocent and non-willful." In answering Summit's third amended complaint, Bath & Body also asserted as an affirmative defense that Summit's "'counterclaims are barred in whole or in part by the doctrine of advice of counsel.'"
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