Jason Bloom in Law360: State Can't Block 'Don't Mess With Texas,' Judge Says

08/24/2011

A Texas federal judge on Monday denied the Texas Department of Transportation’s motion for a temporary restraining order blocking the sale of the romance novel “Don’t Mess With Texas” in a trademark dispute with Barnes & Noble Inc. and others over the title...

The Texas agency launched the trademark infringement and unfair competition suit Friday, claiming it had registered the slogan “Don’t Mess With Texas” as part of an antilitter campaign, and alleging that Craig, Barnes & Noble, Hachette Book Group USA and Grand Central Publishing purposefully sought to copy the mark and never obtained permission to use it in connection with the book...

Outside attorney Jason Bloom with Haynes and Boone, LLP said Wednesday that the ruling demonstrated the potential pitfalls of seeking injunctive relief.

“Since a court must assess the merits of a claim in considering an early request for injunctive relief, an adverse ruling can set a negative tone for the case from the beginning and greatly reduce the plaintiff's chance of obtaining a favorable settlement,” he said.

Excerpt from Law360, Aug. 24, 2011. To view the full article, click here (subscription required).

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