Trademark Claims

Lewis & Clark Files Arkansas Trademark Infringement Lawsuit

Lewis & Clark Outfitters filed a trademark infringement action against L.C. Industries (Case No. 07-, Western District of Arkansas, filed 9/26/07). The Complaint alleges that L.C. Industries has infringed Lewis & Clark’s numerous trademark registrations and fraudulently obtained registrations for “Lewis N. Clark” from the USPTO. The Complaint also states that the companies communicated with each other in 2000 about trademark issues, but L.C. Industries recently threatened to file a lawsuit against Lewis & Clark.

This case could have an interesting twist. Earlier this year, Lewis & Clark filed a trademark infringement action against Mahco, Inc. (previously posted 5/1/07) L.C. Industries also filed a trademark infringement lawsuit against Mahco in the Northern District of Illinois (filed 2/5/07, see Justia docket summary here).

General

Sometimes More is Less, 225-Page Securities Fraud Claim is Dismissed

McAdams and others filed suit against various directors and officers of UCAP, a mortgage lender and brokerage company, including Moore Stephens Frost. Plaintiffs claimed a conspiracy to defraud them of $10 million. The court dismissed much of the complaint in a prior order. McAdams v. McCord, 2007 WL 951829 (W.D. Ark. 3/27/07).

Plaintiffs filed an amended complaint seeking to meet the heightened pleading requirements of the Private Securities Litigation Reform Act (PSLRA). Although the amended complaint ballooned to 225 pages, the court found that the amended complaint failed to sufficiently state a claim under the PSLRA. The court dismissed the amended complaint except for a claim for breach of fiduciary duty against one of the individual directors.