United States District Court, E.D. Virginia, Richmond Division
For STAT Ltd., doing business as Beardo, Plaintiff: Daniel Sage Ward, LEAD ATTORNEY, Ward & Ward PLLC, Washington, DC.
For Beard Head, Inc., Bearded Apparel LLC, David Stankunas, Defendants: Todd Lee Juneau, LEAD ATTORNEY, Juneau Partners IP Law Firm, Alexandria, VA.
For Beard Head, Inc., Counter Claimant: Todd Lee Juneau, Juneau Partners IP Law Firm, Alexandria, VA.
For STAT Ltd., Counter Defendant: Daniel Sage Ward, LEAD ATTORNEY, Ward & Ward PLLC, Washington, DC.
Henry E. Hudson, United States District Judge.
(Denying in Part and Granting in Part Plaintiff's Motion to Dismiss)
This is in essence a trademark infringement action involving two standard character marks utilized to brand and market products, primarily knitted beards.
The case is before the Court on Plaintiff Stat, Ltd.'s (" Beardo" or " Stat Ltd" ) Motion to Dismiss each of Defendant Beard Head, Inc.'s (" Beard Head" ) remaining counterclaims pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (" Motion," ECF No. 14), filed on February 7, 2014. The parties have fully briefed the issue. The Court will dispense with oral argument because it would not aid in the decisional process. For the reasons set forth herein, the Motion will be denied in part and granted in part.
A. Procedural Background
Plaintiff filed this action on November 13, 2013 (Complaint, ECF No. 1), alleging four causes of action: (I) Design Patent Infringement arising under the patent laws of the United States, 35 U.S.C. § 271(a); (2) Federal Unfair Competition and Trade Dress Infringement for Product Packaging under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a); (3) Federal Unfair Competition and Trade Dress Infringement ...