Cooley Trademark Litigation Team Defeats Nordstrom's Attempt to Enjoin Use of ‘Beyond the Rack' Mark

San Francisco, Calif. – January 17, 2013 – Cooley LLP announced today a major victory for popular online shopping club Beyond the Rack in the U.S. District Court for the Western District of Washington in defeating Nordstrom Inc.'s motion for a preliminary injunction in a trademark infringement suit over use of the term "Rack."

The Cooley trademark litigation team was led by partner John Crittenden, along with associates Brendan Hughes and John Paul Oleksiuk. Partner Christopher Durbin served as Cooley's on-the-ground counsel in Seattle.

Nordstrom claimed that the use of the "Beyond the Rack" mark for a "flash sale" website – which offers members deep discounts on limited-quantity items during 48-hour sales – infringed its rights in the names "Nordstrom Rack," "Rack," and "The Rack." But the court disagreed, noting that "the salient part of the commercial name is ‘NORDSTROM,' and not ‘RACK,'" and that there was no proof of actual customer confusion despite three years of coexistence. Finding that Nordstrom was unlikely to succeed on the merits of its infringement claim, and that it had failed to demonstrate irreparable harm, the court denied the motion.

About Cooley LLP

Cooley's 700 attorneys have an entrepreneurial spirit and deep, substantive experience, and are committed to solving clients' most challenging legal matters. From small companies with big ideas to international enterprises with diverse legal needs, Cooley has the breadth of legal resources to enable companies of all sizes to seize opportunities in today's global marketplace. The firm represents clients across a broad array of dynamic industry sectors, including technology, life sciences, venture capital, clean energy, real estate and retail.

The firm has full-service offices in eleven major business and technology centers: Boston, MA; Broomfield, CO; Los Angeles, CA; New York, NY; Palo Alto, CA; Reston, VA; San Diego, CA; San Francisco, CA; Seattle, WA; Washington, DC; and Shanghai, China.

Related Contacts
John Crittenden  Retired Partner San Francisco
Christopher B. Durbin  Of Counsel Seattle
Brendan Hughes  Partner Washington, DC
John Paul Oleksiuk  Partner New York, Los Angeles
Related Practices & Industries

Trademark, Copyright & Advertising