Trademark Related Lawsuit

The firm had recent success before the Fifth Circuit representing Montana-based gun manufacturer Proof Research in a lawsuit brought by Louisiana competitor Carbon Six Barrels for defamation and violation of the Louisiana Unfair Trade Practices Act.  The dispute began in Montana in 2017, when Proof Research filed a trademark infringement lawsuit against Carbon Six Barrels.  After the trademark action resolved, Carbon Six Barrels filed suit against Proof Research in Louisiana federal court claiming it was defamed by Proof Research in the trademark suit, and that the lawsuit itself constituted an unfair trade practice.  The firm helped the client secure victory at the district court level, where the court found the claims to be time barred.  Kyle Siegel argued the case on appeal and won a 3-0 decision, where the panel upheld the district court’s ruling.  The panel agreed that the claims came too late and, in any event, that the unfair trade practices claim was meritless because Proof Research had a valid reason for initiating the trademark action.   This was a huge victory for the client.

Judy Barrasso, Robert Dressel, and Kyle Siegel handled the matter.