Intellectual Property Law

King County Superior Court Sends Local Trade Dress Dispute to the Jury

By Michael Atkins

 
Restaurant wars: The owner of Peso’s (left) has sued the owners
of The Matador over trade dress, dilution and other issues.

As STL readers may recall, El Diablo, Inc., and its owner sued Mel-Opp & Griff, LLC, and others in King County Superior Court for trade dress infringement, dilution, and other claims relating to the parties? competing Tex-Mex restaurants and bars.

Plaintiffs own Peso?s Kitchen & Lounge in lower Queen Anne. Defendants own The Matador restaurants in Ballard, West Seattle, and other locations. 

In June, defendants brought several motions to dismiss, including one seeking dismissal of plaintiffs’ trademark-related claims based on laches. In summary, defendants argued that plaintiffs? alleged three-year delay in bringing suit unfairly prejudiced them.

Plaintiffs argued in response that laches applies under the Lanham Act because it does not contain an express limitations period but does not apply to their state trademark claims because a statutory limitations period applies instead.

On July 8, King County Superior Court Judge Catherine Shaffer denied the laches motion in a minute order. Unfortunately, the order does not explain the court?s reasoning.

The court also denied defendants? motion on causation and damages. It granted defendants’ motion dismissing plaintiffs’ tortious interference, breach of fiduciary duty, and fraud claims.

The court previously denied defendants’ motion for summary judgment dismissal of plaintiffs’ dilution claim.

Earlier this month, the court amended the case schedule setting the parties? expected three-week jury trial for Sept. 15.

The case cite is El Diablo, Inc. v. Mel-Opp & Griff LLC, No. 07-2-01203-6 SEA (King County Super.) (Shaffer, J.).

Full post as published by Seattle Trademark Lawyer on July 30, 2008 (boomark / email).