Case: Trademarks/Procedure (D. Nev.)

A federal district court in Nevada granted Smith & Wesson Brands Inc. and Smith & Wesson Inc.'s motion to dismiss SW North America Inc.'s counterclaims for interference with business in this trademark infringement action, claiming that the “SW” mark is intentionally similar to the “S&W” mark and is likely to damage commercial interests, and denied SW’s motion to dismiss. The court said that Smith & Wesson’s claims of commercial damage, consumer confusion and detriment to reputation are sufficient to avoid dismissal, and that SW’s challenge to whether Smith & Wesson owns all common law rights to the S&W marks is ...