News reports of the court’s opinion can be read here, here and here. The actual opinion can be downloaded here.
The court, accepting all well-pleaded factual allegations set forth in Jones Day’s complaint as true, found that Jones Day had plead sufficient facts to make out “plausible” claims for trademark infringement and trademark dilution.
While the court allowed the case against BlockShopper to proceed, the court did dismiss claims against the company’s principals, Brian Timpone and Edward Weinhaus, on the basis that the complaint did not have sufficient allegations to plausibly state a claim of individual liability against the two principals for infringement by the company.
And the truly sad part of it all is that even if Blockshopper ultimately wins this case (and is there anybody out there not employed by Jones Day who thinks they won’t?), the company might not be able to recover its attorney’s fees for having to defend this case. The court has the authority under 15 U.S.C. § 1117(a) to award a winning defendant in a trademark case attorney’s fees in “extraordinary circumstances” – however, so long as the claims are deemed to be not frivolous or unreasonable (and Jones Day will certainly fight hard to show that even though it lost, its claims were not frivolous or unreasonable), then an award of attorney’s fees will be denied.