Maryland IP Litigation 2008: Lawsuit Summary No. 6

     The sixth IP-related lawsuit filed in the U.S. District Court for the District of Maryland in 2008 involves a trademark dispute (source: Justia). 

     Michigan-based Flagstar Bank allegedly owns federal trademarks FLAGSTAR and FLAGSTAR BANK (word and design), which it uses in connection with lending and banking services. Defendant Fundstar Financial, based in Germantown, MD, allegedly began using the marks FUNDSTAR and FUNDSTAR FINANCIAL (word and design), in connection with mortgage banking services in Maryland. Plaintiff Flagstar is suing for trademark infringement; false designation of origin or sponsorship, false advertising, and trade dress; and common law trademark infringement.

Maryland IP Litigation Cases for the Week of September 3, 2007

     The U.S. District Court for the District of Maryland was chosen as the forum for litigating the following case(s), as published by Justia:

  • Extra Space Storage, LLC v. Maisel-Hollins Development Co. et al , Case Number 1:2007cv02351, filed September 5, 2007

According to court papers filed September 5, 2007, Plaintiff Extra Space Storage, LLC, a Delaware entity based in Salt Lake City, Utah, sued Maryland-based Defendants Maisel-Hollins Development Co., Extra Space Management Co. LLC, Annapolis Self Storage Limited Partnership LLP, Silver Spring Extra Space LLC, Annapolis Extra Space LLC, and Post Management Co., for alleged trademark infringement under 15 U.S.C. § 1114.  The mark at issue is Plaintiff's federally-registered mark "Extra Space Storage" (the image above shows the mark used in commerce on Plaintiff's web site).

Plaintiff notes in its complaint that the State of Maryland issued a registration for the trademark "Extra Space Self Storage" to Defendant Maisel-Hollins Development Co.  Maryland's trademark records show that the mark was first used in Maryland in 1985; the mark has a registration date of June 15, 2007.  Plaintiff is seeking to cancel this registration in Maryland, among other requested relief.