| Court enjoins trademark use after brench trial |
| Written by DKD Trade , Thursday, 03 September 2009 | |
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After a bench trial, Judge Guzman issued findings of facts and conclusions of law, holding plaintiffs Ross University marks infringed and enjoining defendants from using the Ross name in conjunction with medical or nursing schools.
Plaintiffs operated the Ross University School of Medicine and the Ross University School of Veterinary Medicine, both off which plaintiffs bought along with the related trademarks from Robert Ross. Both institutions are offshore and cater to US students. Ross later associated himself with defendant, after which defendant, an offshore nursing school, began using the Ross name. Defendant claimed plaintiffs' claims were moot because defendant stopped using the Ross name. But the Court held that an injunction could be appropriate to guarantee that the misconduct does not restart after the case.
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