Group Force Capital LLC v. Virtuoso Distillers LLC
It’s a trademark slugfest. Both parties think they’re entitled to a similar mark in connection with vodka. Plaintiff uses the trademark L’Chaim in connection with “Kosher alcoholic beverages.” During the opposition period of Plaintiff’s federal trademark application, Defendant filed it’s own federal application for the mark L’Chaim Vodka. Defendant’s application received a 2(d) refusal based on Plaintiff’s mark, which had by then been registered. Defendant filed a Petition of Cancellation, alleging priority of use, likehood of confusion, no bona fide intent and fraud on the USPTO.
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Court Case Number: 3:10-cv-00385-PPS -CAN
File Date: Wednesday, September 08, 2010
Plaintiff: Group Force Capital LLC
Plaintiff Counsel: John D. Hoover, Daniel K. Burke of Hoover Hull LLP
Defendant: Virtuoso Distillers LLC
Cause: Federal Trademark Infringement, Federal Unfair Competition, Common Law Unfair Competition, Violation of Anti-Cybersquatting Consumer Protection Act
Court: Northern District of Indiana
Judge: Chief Judge Philip P. Simon
Referred To: Magistrate Judge Christopher A. Nuechterlein