Articles Posted in Trademark

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Alpha Marketing brought this cause of action against the Arkansas Lottery Commission seeking declaratory relief that Alpha's registered trademarks of "Arkansas Lottery," "Arkansas Lotto," and "Lottery Arkansas" were valid and that it held exclusive rights to use them. Alpha also sought injunctive relief enjoining the Commission's alleged acts of trademark infringement and monetary damages. Alpha later amended its complaint, alleging ultra vires acts and an unconstitutional taking. The Commission filed a motion to dismiss Alpha's lawsuit on the basis that the Commission had sovereign immunity from the trademark-infringement claims. The circuit court denied the motion. The Supreme Court reversed, holding (1) the Commission was an entity of the State entitled to the defense of sovereign immunity; (2) Alpha's claims for injunctive, monetary, and declaratory relief were barred by the defense of sovereign immunity; (3) the exceptions for waiver; ultra vires, arbitrary, capricious, or bad-faith acts; and takings did not apply. View "Ark. Lottery Comm'n v. Alpha Mktg." on Justia Law