Case: Trademarks/Pleadings (E.D. Pa.)

A federal district court in Pennsylvania denied Michael’s Stores Inc.'s motion to dismiss MCS Industries Inc.'s action for trademark infringement and trademark counterfeiting. MCS Industries Inc., which makes “FORMAT” frames, said that Michael’s Stores Inc. infringed its mark by selling “Structure” frames in nearly identical packaging with instructions that carry its mark. The court said that MCS Industries Inc.'s allegation that consumers will be confused about whether the Structure frames are associated with the FORMAT brand is plausible. And the court said that MCS Industries Inc. alleged that Michael’s Stores Inc. continued to sell frames with the infringing instructions even ...