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Case: Trademarks/Counterclaim (M.D. Tenn.)

May 23, 2020, 12:34 AM

Good L Corp.'s motion to dismiss Fasteners for Retail Inc.'s counterclaim for a declaratory judgment of noninfringement, in Good’s trademark action against FFR, was denied by a federal district court in Tennessee. The court noted that in the counterclaim FFR seeks both a declaration of noninfringement under various grounds and a declaration that Good’s claimed trademark and trade dress lack the requisite legal requirements to be protectable under the Lanham Act. The court therefore found that FFR’s counterclaim is not redundant, as Good contends, and that an adjudication of the rights between the parties will serve a useful purpose.

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