Chanel filed a trademark infringement lawsuit in the Western District of Arkansas: Chanel v. Jacobia, No. 07-3021 (filed 5/23/07). According to the Complaint, two business partners sold counterfeit and infringing items on the website chicboutique4u.com (now inactive). One of the partners is an Arkansas resident, and the goods were distributed in Arkansas. The Complaint seeks monetary damages and injunctive relief.
Lewis & Clark Outfitters filed a trademark infringement lawsuit against Mahco, Inc. (Case No. 07-05075, Western District Arkansas, filed 4/24/07). The Complaint alleges that officers and owners of Mahco were former customers and vendors of Lewis & Clark. Mahco began using a Lewis & Clark trademark (seen here) and has filed for a federal trademark. The Complaint does not request a preliminary injunction.
The Eastern District of Arkansas denied motions for sanctions and attorney fees in Mail Boxes Etc., Inc. v. PBC Services, Inc., 2007 WL 841664 (E.D. Ark. 3/15/07).
On February 7, 2006, Mail Boxes brought suit against the defendants for trademark infringement and breach of a noncompete agreement. The court granted a temporary restraining order, and the defendants had to cease business operations. The court also ordered the trial to be consolidated with the preliminary injunction proceedings to begin March 20, 2006.
The defendants were parties in a California lawsuit (Morgate) against Mail Boxes that had been ongoing for several years and involved hundreds of parties. The court agreed to let the defendants assert their Morgate claims as counterclaims in the Arkansas trademark case. Mail Boxes chose not to try Morgate in Arkansas, and it voluntarily dismissed the Arkansas claims.
The defendants promptly moved to execute on the bond. They also moved for attorney fees of just under $300,000 (for a case that lasted 38 days) and moved for sanctions pursuant to 28 U.S.C. § 1927. After a lengthy recitation of the dispute, the court allowed the defendants to execute $19,990.51 against the bond, but denied the motions for attorney fees and sanctions.
The Western District of Arkansas granted a preliminary injunction based on trademark infringement and trade dress infringement in Rotoworks Int'l Ltd. v. Grassworks USA, LLC, 2007 WL 703747 (W.D. Ark. 3/5/07).
Rotoworks, a New Zealand company, sells weed wipers called Rotowipers. All Rotowipers are painted aqua. The defendants were exclusive distributors of Rotowipers in the U.S. However, the defendants began selling their own weed wipers instead of the Rotowipers. The defendants' wipers were designed just like Rotowipers and painted aqua. The defendants told their customers that the Arkansas-made wipers would better suit their needs, which dissuaded them from purchasing Rotowipers.
The court had no trouble in issuing the preliminary injunction under these circumstances, and the court only required a $5,000 bond.
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