Pearson's Inc d/b/a Pearson Livestock Equipment Co v. Robert Dean Ackerman, et al
Pearson's Inc. d/b/a Pearson Livestock Equipment Co. |
Robert Dean Ackerman, Ackerman Construction & Distributing, Ackerman Distributing, Ackerman Distributing & Construction, Ackerman & Ackerman and Titan West, Inc. |
Ackerman Construction & Distributing, Robert Dean Ackerman, Ackerman & Ackerman, Ackerman Distributing & Construction and Ackerman Distributing |
Pearson's Inc. d/b/a Pearson Livestock Equipment Co. |
7:2018cv00013 |
January 25, 2018 |
US District Court for the Northern District of Texas |
Wichita Falls Office |
Wilbarger |
Barbara M.G. Lynn |
Trademark |
15 U.S.C. ยง 1125 |
Both |
Available Case Documents
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Document Text |
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Filing 157 Memorandum Opinion and Order. For these reasons, Pearson is not entitled to recover on its claims for trademark and trade dress infringement under the Lanham Act, 15 U.S.C. §§ 1051, et seq., trade dress dilution under Section 16.103 of the Texas Business and Commerce Code, and Texas common law trade dress infringement. Further, because Pearson's trademark is not protectable, the Court, pursuant to 15 U.S.C. § 1119, orders the Director of the United States Patent and Trademark Office to cancel Pearsons Inc.'s trademark registration No. 5,184,202, which was registered on April 18, 2017. Ackerman's request for attorney's fees is denied. (Ordered by Magistrate Judge Hal R. Ray, Jr on 7/29/2019) (trt) |
Filing 69 Memorandum and Opinion: Defendants have failed to allege facts sufficient to show that the nonparties are required to be joined under Rule 19(a), and Defendants may not demand joinder under Rule 20(a)(2). Consequently, the Court denies Defendants' "Plea Under Fed. R. Civ. P. 12(b)(7)" (ECF No. 12 ). (Ordered by Magistrate Judge Hal R. Ray, Jr on 11/9/2018) (plp) |
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