Trademark registration expunged due to bad faith filing intended for extortion, but passing off claim dismissed.
The applicant sought to strike the registration of the trademark JU DIAN & Design held by the respondent.
The court found that the respondent registered the trademark in bad faith, intending to extort the applicant, as the respondent had no legitimate commercial purpose and was aware of the applicant's prior use of the mark in China and Canada.
The trademark was expunged.
However, the claims for passing off, injunction, and damages were dismissed because there was no actual commercial use of the mark by the respondent to cause confusion in the marketplace.
Summary trial granted in trademark infringement action involving sale of counterfeit merchandise.
The plaintiff brought a motion for summary trial in an action for trademark infringement against the defendant, who sold counterfeit lululemon merchandise through Facebook pages.
The defendant did not oppose the motion.
The court found that the defendant infringed the plaintiff's trademarks and ordered an injunction, $8,000 in compensatory damages, and $30,000 in punitive damages, along with costs.
