It's unusual for a Motion for Summary Judgment to be filed at an early stage of litigation, but that's just what Tatuaje's counsel did a week after filing an Answer in the Opposition styled "Lorillard Licensing Co. LLC., v. Tatuaje Cigars, Inc."
The Motion for Summary Judgment is bare bones, but hits the important points. Moreover, the Motion is instructive on one of the biggest mistakes that some people make when they apply for a trademark. Namely, sometimes people write things that may haunt them later when they are trying to overcome a Trademark Examiner's objections to their own trademark application. Often times those writings will be used against you if and when you find yourself in an Opposition proceeding. That is precisely what Tatuaje's counsel did. In order to support Tatuaje's position that the Opposition is without merit, Tatuaje's counsel made reference to certain statements made in Lorillard's prosecution history of its own trademark application. While this tactic is not the death nail for Lorillard it does make Tatuaje's Motion for Summary Judgment persuasive as to why the Opposition should be dismissed.
http://www.box.net/shared/1jp1jz9zzg
The Motion for Summary Judgment is bare bones, but hits the important points. Moreover, the Motion is instructive on one of the biggest mistakes that some people make when they apply for a trademark. Namely, sometimes people write things that may haunt them later when they are trying to overcome a Trademark Examiner's objections to their own trademark application. Often times those writings will be used against you if and when you find yourself in an Opposition proceeding. That is precisely what Tatuaje's counsel did. In order to support Tatuaje's position that the Opposition is without merit, Tatuaje's counsel made reference to certain statements made in Lorillard's prosecution history of its own trademark application. While this tactic is not the death nail for Lorillard it does make Tatuaje's Motion for Summary Judgment persuasive as to why the Opposition should be dismissed.
http://www.box.net/shared/1jp1jz9zzg
