Hotel Modera Trademark Litigation

Ball Janik LLP defended Posh Ventures LLC in a Federal Court trademark infringement action brought by LHO Washington Two, LLC in connection with the Hotel Modera in Portland, Oregon. LHO owned and operated the Hotel Madera in Washington, DC and asserted that Posh Ventures infringed on its trademark when it announced the opening of its high-end, luxury hotel in Portland. LHO moved for a preliminary injunction to prevent the opening of the hotel and the continued use of the Modera name. After an evidentiary hearing on the injunction motion, the Federal Court ruled that there was no evidence of infringement. This matter involved sophisticated issues of internet marketing, trademark laws in the electronic age, and involved significant expert analysis of the likelihood of confusion among the general public in connection with the operation and marketing of the two competing lodging businesses.

The parties settled the remaining issues in light of the injunction ruling.

Bruce H. Cahn (litigation partner) handled the case for Ball Janik LLP.

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