Mastodawn

Sarah Fackrell Oct 9, 2023

Counsel for #Xped/Expeditee has asked the court to reconsider its order granting sanctions against them: https://storage.courtlistener.com/recap/gov.uscourts.ilnd.409127/gov.uscourts.ilnd.409127.125.0.pdf

They argue, in particular, that their trademark infringement claim was not frivolous because it was based on use in metatags, not use on the products.

But they still call the accused flags "counterfeits." 🤦🏻‍♀️

Some background here:
https://mastodon.social/@design_law/111144480070131605

#Trademarks

Reconsideration – #125 in Xped LLC v. The Entities Listed on Exhibit 1 (N.D. Ill., 1:21-cv-06237) – CourtListener.com

MOTION by Plaintiff PMJ PLLC for reconsideration regarding Order on Motion to Dismiss for Failure to State a Claim,,,,, order on motion for summary judgment,,,,, order on motion for attorney fees,,,,, order on motion for sanctions,,,,, text entry,,,, 121, memorandum opinion and order 122 (Attachments: # 1 Exhibit A - Jones Decl, # 2 Exhibit B - RTL MAGA Country, # 3 Exhibit C - Service on PayPal Defendants, # 4 Exhibit D - RTL absconds with assets, # 5 Exhibit E - Aff of SMB)(Jones, Patrick) (Entered: 10/03/2023)

CourtListener

Show thread

Sarah Fackrell Oct 9, 2023

Counsel also takes direct swipes at the judge herself:

"Why now, more than a year-and-a-half later, this Court finds that theory 'frivolous' is curious. What does this Court know now that the presiding Court did not know then?"

#LawFedi