PRODUCT SOURCE INTERNATIONAL, LLC v. NAHSHIN, No. 1:2014cv00816 - Document 95 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION re Cross-Motions for Summary Judgment. Signed by District Judge T. S. Ellis, III on 6/24/15. (klau, )
Download PDF
<![CDATA[
PRODUCT SOURCE INTERNATIONAL, LLC v. NAHSHIN Doc. 95 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division PRODUCT SOURCE INTERNATIONAL, LLC, Plaintiff, Counter Defendant, Case No. l;14-cv-816 V. LEONID NAHSHIN, Defendant, Counter Claimant. MEMORANDUM OPINION This 15 U.S.C. § 1071(b) trademark dispute grows out of a decision of the Trademark Trial and Appeal Board ("TTAB") to cancel plaintiff Product Source International, LLC's ("PSI") registration of the trademark "NIC OUT" for mechanical cigarette filters designed to remove nicotine from cigarettes. In February 2010, defendant Leonid Nahshin ("Nahshin"), who contends that he is the actual owner of the NIC OUT mark, filed a petition with the TTAB seeking cancellation of PSI's registration of the NIC OUT mark. This petition succeeded, and on June 21, 2013, the TTAB issued a decision cancelling PSI's registration of the NIC OUT mark. In this § 1071(b) action, PSI contends that the TTAB incorrectly concluded that Nahshin, rather than PSI, owns the NIC OUT mark and requests that PSI's registration of the mark be reinstated pursuant to 15 U.S.C. § 1119, which provides that "[i]n any action involving a registered mark the court may... restore canceled registrations." In response, Nahshin alleges three counterclaims; (1) First, Nahshin asserts a claim for trademark infringement on the ground that PSI's use of the "NIC OUT" mark constitutes a "false designation of origin, false or misleading description of fact, or false or misleading representation of fact" that is likely to cause confusion or 1 Dockets.Justia.com
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
