Battle of the Brands

Our client, an apparel company, was sued by a craft brewer for specific performance of settlement and consent agreements resulting from a trademark dispute involving conflicting uses of the ROGUE brand.  The brewer alleged our client failed to amend certain trademark applications and registrations pursuant to a settlement agreement, which our client maintained was unnecessary because of certain actions of the trademark office.  In response, we developed the record showing that there was “clear and unambiguous” evidence that the settlement agreement was terminated as a consequence of the brewer’s aggressive actions toward our client.  After hearing argument on cross motions for summary judgment, the court agreed with our position and dismissed the claims against our client.