Small Businesses Enforcing Their Trademark Rights Against Infringers

Small Businesses Enforcing Their Trademark Rights Against Infringers

Rise Basketball Skill Development, LLC, a basketball training school based in California, has filed a complaint in the United States District Court for the Northern District of California against retailer K-Mart Corp. and Risewear LLC, alleging that K-Mart Corp. and Risewear LLC, violated federal trademark law through fraudulent business practices.

In 2015 Rise Basketball Skill Development, LLC registered a trademark with the USPTO that encompassed the word RISE, to be used on its basketball apparel. The company prides itself as being a leader in basketball training and sports performance in Northern California. Rise Basketball Skill Development, LLC alleges that in the Spring of 2016 K-Mart began selling basketball shoes manufactured by Risewear LLC, bearing an infringing mark. Rise Basketball Skill Development, LLC alleges that the infringing mark caused consumer confusion and that the defendants profited off of their fame and reputation. Rise Basketball Skill Development, LLC is requesting a preliminary injunction, accounting of profits, attorneys’ fees, and the costs of filing the lawsuit. A preliminary injunction is a temporary order made by the court that prevents the defendants from pursuing a particular course of conduct until the conclusion of the trial on the merits. In trademark infringement cases a preliminary injunction is often requested to limit or stop the use of an allegedly infringing mark prior to a final determination of the merits of the case. The grant of an injunction is an important form of relief and is often the primary remedy sought in a trademark infringement case.

Contact our offices to speak with one of our attorneys if you believe your trademark is being infringed.