Noerr-Pennington Protects Trademark Owner From Claims Under U.S., State Antitrust Law

• Case Summary: A federal district court dismisses counterclaims under U.S. and Florida antitrust law against a plaintiff in a trademark infringement lawsuit.
• Key Takeaway: Enforcement of registered trademark rights is protected against antitrust claims under the Noerr-Pennington doctrine.

A registered trademark holder’s attempt to enforce its trademark rights is protected under the Noerr-Pennington doctrine against claims under federal and Florida state antitrust law, the U.S. District Court for the Middle District of Florida ruled Oct. 17 (Pods Enterprises Inc. v. ABF Freight Systems Inc., M.D. Fla., 8:11-cv-00084-VMC-MAP, 10/17/11).

Granting a motion to strike antitrust counterclaims by a trademark ...