Sarah Fackrell

Remember #Xped? It's filed an amended complaint using its true name, Expeditee LLC, following Judge Jenkins' order sanctioning both the plaintiff and its counsel.

New complaint: https://storage.courtlistener.com/recap/gov.uscourts.ilnd.409127/gov.uscourts.ilnd.409127.124.0.pdf

Background:
https://mastodon.social/@design_law/111024034254743916

Let's take a look, shall we?

#Trademarks #Copyright #ScheduleA #LawFedi

Amended Complaint – #124 in Xped LLC v. The Entities Listed on Exhibit 1 (N.D. Ill., 1:21-cv-06237) – CourtListener.com

Amended Complaint

CourtListener
Sep 28, 2023 at 7:42pmWeb
Show threadSarah FackrellSep 28, 2023
First of all, it asserts an (unregistered) trade dress in, basically, black-and-white images of a white, European-looking Jesus gripping flags:
Show threadSarah FackrellSep 28, 2023
Then it alleges that it has some registered copyrights. (I didn't pull these exhibits from PACER.)
Show threadSarah FackrellSep 28, 2023

The first claim is for "FEDERAL TRADEMARK COUNTERFEITING AND INFRINGEMENT (15 U.S.C. §1114)."

Pop quiz time: Why can there be NO plausible claim for trademark counterfeiting here?

Show threadSarah FackrellSep 28, 2023
A: That's right, counterfeiting requires a REGISTERED trademark.
Show threadSarah FackrellSep 28, 2023
And this doesn't appear to be just a typo; the plaintiff also refers to "counterfeiting" elsewhere, e.g.,
Show threadSarah FackrellSep 28, 2023
I have to run but: This isn't trade dress. It's definitely not counterfeiting. I hope someone shows up to fight back against this nonsense.