Where two defendants have moved to dismiss the plaintiffs’ Lanham Act claims, that motion should be allowed based on a lack of plausible allegations regarding consumer confusion.
“This case arises out of a commercial dispute over the assets owned by the Rhode Island-based jewelry companies — Cinerama and Pentagon Properties. …
“Plaintiffs allege that Defendants have misappropriated the assets and real estate of the companies Cinerama and Pentagon, which their late father founded in the 1960s. … Specifically, Plaintiffs allege that — as minority shareholders — they cannot prevent Defendants from misusing corporate assets that Plaintiffs and Defendants both own. … Plaintiffs also contend that Defendants have used the assets of both Cinerama (referred to by the parties as ‘the Factory’) and Pentagon in order to support a business named Air & Anchor, which is controlled through a separate entity named Productive Collaboration, LLC. …
“With respect to this matter’s procedural history, Plaintiffs originally filed this action in state court. Shortly thereafter, Defendants removed it to this Court arguing that the Court possesses federal question jurisdiction to resolve this dispute based on the existence of count nine — Plaintiffs’ claim that Air & Anchor violated the Lanham Act. …
“Here, Plaintiffs appear to allege two non-trademark violations of the Lanham Act — false association in violation of [15 U.S.C.] §1125(a)(1)(A) and false advertising in violation of...
Maui Police Chief John Pelletier’s claims that Mayor Richard Bissen is under criminal investigation are false allegations “in service of a political fight,” Maui County Prosecuting Attorney Andrew ...