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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    Stefani Koorey

    Dr. Stefani Koorey: PearTree Press, Theatre prof, Author, Historian, Librarian. Florida born, New England transplant.

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