In throwing out the claims of a Georgia-based nutrition center, the court agreed with Dorsey’s argument that any use in the client’s diet books of phrases similar to the plaintiff’s federally registered trademark was non-trademark “fair use” and that the plaintiff failed to plead prior rights.
Worldwide leader in medical care defeats trademark infringement claim on motion to dismiss
Our client, a worldwide leader in medical care, achieved the rare feat of winning a trademark infringement case on a motion to dismiss.