Lizzie Borden B&B Lawsuit Details

After reading the text of the Lizzie Borden B&B, LLC, v. Leonard Pickel motion for a temporary restraining order and preliminary injunction, the case is about trademark infringement.

Reasons given:

Plaintiff has a reasonable likelihood of succeeding on the merits of its federal trademark infringement claim under the Lanham Act

a. Lizzie Borden Museum is a Valid Mark

b. There is a Likelihood of Confusion

1. Plaintiff’s Lizzie Borden Museum and Defendants’ Name and Marks The True Story of Lizzie Borden Gift Shop and Museum, The True Story of Lizzie Borden, the Domain Name and the E-mail address [email protected] are Virtually Identical

2. Parties’ Services are Related

3. 4. 5. The Parties’ Channels of Trade, Advertising Methods and Class of Consumers are Identical

6. Actual Confusion

7. Defendants Intent

8. Strength of Plaintiff’s Mark

2. Plaintiff is Suffering Irreparable Harm

3. Balance of Hardships Weighs in Favor of Plaintiff

4. Injunction will serve the Public Interest

You can read the full text of the lawsuit here: Lizzie Borden Lawsuit

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