Ryan Gile reports about a case that deals with real trademark fraud, and that makes it matter:
I have previously written (link here) about the ongoing dispute between Roy Tuccillo and Geisha NYC, LLC (“Geisha NYC”) over the restaurant name “Japonais” (the “JAPONAIS mark”). In short, Geisha first opened its “Japonais” restaurant in Chicago in 2003. However, due to an oversight on the part of Geisha in not seeking to register its trademark with the USPTO right away, Tuccillo was able to file an intent-to-use trademark application in 2004 for the identical JAPONAIS mark before Geisha NYC had the chance to file its own registration application. Tuccillo’s application ultimately registered in March of this year. Tuccillo filed an action against Geisha for trademark infringement, and Geisha came back with counterclaims for cancellation of Tuccillo’s registration as well as trademark infringement.
On July 22, 2009, a federal court judge in the Eastern District of New York, in a very comprehensive and detailed opinion (and one that holds back no punches against Tuccillo), granted Geisha’s motion for preliminary injunction to enjoin Tuccillo from using the name “Japonais” in connection with restaurant and lounge services after finding a likelihood of success on the merits of Geisha’s counterclaim to cancel Tuccillo’s trademark registration on the basis of fraud. A copy of the court’s decision can be downloaded here. (HT: Marty Schwimmer).
In short, the court found Tuccillo’s evidence and testimony “incredible” (and not in the good way).
I love that kind of thing. So if you’re looking for some comprehensive and detailed summer reading from an Eastern District of New York judge that bothers to do the heavy lifting, click the links!
Originally posted 2009-07-29 09:36:22. Republished by Blog Post Promoter