Court Denies Nordstrom Rack’s Bid to Enjoin Flash-Seller’s Use of ‘Beyond the Rack’ Mark

The failure to use in isolation the registered trademarks “The Rack” and “Rack,” as opposed to in conjunction with the house mark, makes it unlikely that Nordstrom can succeed on the merits of its trademark infringement lawsuit against a company called Beyond the Rack, the U.S. District Court for the Western District of Washington ruled Dec. 27 (Nordstrom Inc. v. 7525419 Canada Inc. d/b/a Beyond the Rack, W.D. Wash., 2:12-cv-01387-TSZ, 12/27/12).

The court, denying Nordstrom’s motion for a preliminary injunction, noted that the company always uses its marks in combination with the parent mark “Nordstrom.” Moreover, given the ...