Blog Banner Image

The Franchise Memorandum

Court Holds That Lantham Act Claims Are Not Required to Be Pled With Particularity
Posted in Trademarks

In Super 8 Worldwide, Inc. v. Riro, Inc., 2011 U.S. Dist. LEXIS 134163 (D. Neb. Nov. 18, 2011), the United States District Court for the District of Nebraska denied a motion to strike filed by the defendant, a terminated Super 8 franchisee. The franchisor brought suit against the terminated franchisee for trademark infringement and trademark dilution based on the former franchisee’s use of confusingly similar marks after termination. The former franchisee moved to strike, as scandalous, immaterial, and impertinent, portions of the complaint averring that the franchisor’s marks were the “most famous” having a goodwill value in excess of “hundreds of millions of dollars.” It also sought to strike paragraphs alleging that the former franchisee’s acts of infringement violated the Lanham Act, were “malicious, fraudulent, willful, and deliberate,” “unlawful,” “unfair,” and “likely to confuse the public.” In denying the motion to strike, the court held that the plaintiff was not required to conform to heightened pleading requirements and, even if the standard did apply, the franchisor’s allegations were specifically related to the elements of infringement.

Email LinkedIn Twitter Facebook

The information contained in this post is provided to alert you to legal developments and should not be considered legal advice. It is not intended to and does not create an attorney-client relationship. Specific questions about how this information affects your particular situation should be addressed to one of the individuals listed. No representations or warranties are made with respect to this information, including, without limitation, as to its completeness, timeliness, or accuracy, and Lathrop GPM shall not be liable for any decision made in connection with the information. The choice of a lawyer is an important decision and should not be based solely on advertisements.

About this Publication

The Franchise Memorandum is a collection of postings on summaries of recent legal developments of interest to franchisors brought to you by Lathrop GPM LLP. 

To subscribe to monthly emails for The Franchise Memorandum, please click here


















Blog Authors