Melick & Porter, LLP attorneys Holly Rogers and Alex Ahrens secured dismissal of a federal court action against our trademark-holder client. It was undisputed that the Plaintiff had infringed on our client’s registered trademark by selling merchandise on Amazon bearing a trademarked phrase. Our client notified Amazon of the infringement, and Amazon responded by taking down the Plaintiff’s Amazon storefront.
The Plaintiff alleged that our client’s failure to retract the legitimate complaint to Amazon at the Plaintiff’s request, in an attempt to have its storefront restored, constituted tortious interference with business expectancies, tortious interference with contractual relations, and violations of the Connecticut Unfair Trade Practices Act. The Plaintiff was essentially arguing that a trademark holder is obligated to assist an admitted infringer by withdrawing a legitimate infringement complaint.
The defense argued that the trademark holder’s good faith and legitimate action to protect its intellectual property against infringement was neither tortious nor an unfair trade practice, and the federal court agreed. This is an important decision that upholds the rights of intellectual property holders to protect their intellectual property without liability.
Click here to read the full decision.