Fraud Claims Challenging ‘Hokie’ Mark Fail; Va. Tech Entitled to Sovereign Immunity

The U.S. District Court for the Western District of Virginia on June 6 dismissed a real estate company’s fraud counterclaims in a trademark infringement action by Virginia Tech, reasoning that the university and its agents acting in their official capacity were protected by the doctrine of sovereign immunity (Virginia Polytechnic Institute v. Hokie Real Estate Inc., W.D. Va., 7:10-cv-00466-GEC-BWC, 6/6/11).

Claims against school officials in their unofficial capacities were also dismissed as the real estate company did not have standing to sue because it did not suffer any injury from the alleged bad acts.

Real Estate Company Counterclaims ...