Intellectual Property Law

Western District Grants TRO Against Trademark Infringement Plaintiff

By Michael Atkins

Medical Communications Resources, Inc., sued Global Initiative for Asthma, Inc. (GINA), and Global Initiative for Chronic Lung Disease, Inc. (GOLD) in the Western District for trademark infringement, among other claims.

GINA and GOLD counterclaimed for breach of contract and moved for a temporary restraining order.

In doing so, GINA and GOLD alleged that contracts with Medical Communications gave them the right to use and control their logos and to control their Web sites. GINA and GOLD claimed that Medical Communications breached the contracts by blocking control of their Web sites and threatening their use of certain intellectual property, among other things.

Medical Communications did not respond.

On Sept. 2, Western District Judge Benjamin Settle granted the motion. The court ordered Medical Communications to restore GINA’s and GOLD’s access to their Web sites and not to interfere with their operations. It also scheduled a preliminary injunction hearing for Oct. 15.

On Sept. 8, the parties informed the court they had agreed to resolve some of the issues in dispute. In response, the court vacated the TRO and ordered the parties to continue to try to resolve the issues that remained.

The case cite is Medical Communications Resources, Inc. v. Global Initiative for Asthma, Inc., No. 10-5541 (W.D. Wash. Sept. 2, 2010) (Settle, J.).

Full post as published by Seattle Trademark Lawyer on September 13, 2010 (boomark / email).