Incontestable - June/July 2011


In this issue: Coach, Inc. v. Gata Corp., 98 USPQ2d 1911 (D.N.H. 2011); Voice of the Arab World, Inc. v. MDTV Med. News Now, Inc., 2011 U.S. App. LEXIS 10882 (1st Cir. May 27, 2011); Blackhorse v. Pro-Football, Inc., 98 USPQ2d 1633 (TTAB May 5, 2011); U.S. Customs IP Seizures at Record Highs; Trademark Protection in the New Online Frontier; The Legal 500 U.S. Ranks Finnegan Among Top Firms in IP for 2011; Finnegan Recognized as a Leading Intellectual Property Law Firm by Chambers USA for 2011; IAM Recognizes Four Finnegan Attorneys Among the World’s Leading IP Strategists for 2011; and UNREGISTRABLE: Summer Solstice Sounds.

Excerpt from 'Coach, Inc. v. Gata Corp...':

The District of New Hampshire denied defendant flea-market operators’ motion to dismiss plaintiff’s contributory-trademark-dilution claim arising out of defendants’ operation of a flea market in which counterfeit merchandise was sold by third-party vendors, finding that contributory trademark dilution is a valid cause of action. The court held that although the contributory-dilution cause of action is not well established, the limited jurisprudence on the subject makes clear that such a cause of action exists.

Plaintiff Coach, Inc. (“Coach”) manufactures and sells high-end purses, handbags, and other luxury goods. Coach brought suit against defendant Gata Corp. and its owner Martin Taylor (collectively “Gata”) based on Gata’s operation of a flea market in Derry, New Hampshire, where counterfeit Coach merchandise was allegedly sold by third-party vendors. Coach brought a number of claims against Gata, including contributory trademark infringement, contributory trademark dilution/tarnishment, and contributory and vicarious copyright infringement. Gata filed a motion to dismiss Coach’s vicarious copyright infringement and contributory-trademark-dilution claims. With respect to the contributory-dilution claim, Gata based its motion to dismiss on the premise that such a cause of action does not exist.

Please see full publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Finnegan | Attorney Advertising

Written by:


Finnegan on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.