Firm Secures Dismissal of Trademark Infringement, Dilution, and Unfair Competition Claims in the U.S. District Court for the Eastern District of Missouri

May 17, 2011
In an order entered May 17, 2011, U.S. District Judge Stephen N. Limbaugh, Jr. granted our motion to dismiss or, in the alternative, for summary judgment in favor of firm client KBL America, Inc. and against Plaintiff Megasun, Inc. The case, filed in Federal court in St. Louis, was brought in multiple counts alleging trademark infringement, trademark dilution, and unfair competition under federal and state laws. The technology involves tanning beds and tanning booths.

In a twelve page Memorandum Opinion citing numerous cases and addressing several legal issues, Judge Limbaugh accepted our argument that there was no case or controversy between the parties, the case was moot, and hence the court lacked subject matter jurisdiction. The ruling was based on KBL's showing that a scrutinized website was not owned or operated by the named defendant; the lack of any evidence of the defendant's present use of the relevant trademark; the generalized nature of damages contentions; and the unreliability of purported evidence advanced by the plaintiff. The Court noted, "['W]hereas defendant has provided evidence to support its motion; plaintiff has failed to provide any acceptable evidence to support its allegations."

The Bryan Cave team comprised Lucinda Althauser, Matt Minder, and Ben Clark.