Henry Gifford filed his opposition to the U.S. Green Building Council’s motion to dismiss Gifford’s amended complaint on May 2, 2011. Gifford’s argues, among other things, that (1) direct competition is not a requirement for Lanham Act standing; (2) as competitors in a niche market, plaintiffs are especially likely to be harmed by the USGBC’s claims; and (3) causation, a question of fact, will be proved in discovery.
It is expected to take several months for the court to rule on the USGBC’s motion to dismiss.
Gifford’s Memorandum of Law in Opposition to Defendant’s Motion to Dismiss can be viewed at: http://bit.ly/kywGsD
Submitted by Jeffrey S. Wertman of Berger Singerman
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