In the case of Thanh Nguyen, Luong Nguyen v. Barry Biondo, Tipsy Spa and Salon, Inc., Case No: 12-13776, the 11th Circuit Court of Appeals affirmed the decision of the United States District Court for the Southern District of Florida, ruling that the defendants infringed on the Nguyen’s federally registered trademark, “Tipsy.” The case involves infringement of trademark by a former business partner and addressees several issues which are likely of interest to your users. Mrachek Law represented the Nguyens, who were awarded over $800,000 in statutory damages for trademark infringement and cybersquatting. The defendants immediately appealed alleging that their affirmative defenses were not addressed, there were material issues of fact and that striking the affidavit of Defendant Barry Biondo was improper. Instead, the 11th Circuit affirmed on all counts, giving a sound explanation in the opinion. The Nguyens were forced to defend claims of naked licensing, which are becoming a more common defense in trademark infringement actions with the expansion of the internet and websites used to promote products and services. Additionally, Mr. Biondo’s affidavit was stricken as a “sham” by the District Court, a very severe sanction. The 11th Circuit affirmed this decision and explained its decision in detail. Mrachek Law attorneys Scott Konopka and Paige Gillman handled this matter on behalf of the Firm and its clients.
