Trademark Misuse Is 'Almost' Never an Antitrust Injury* Trademarks are commonly thought to convey no market power. In RJ Machine Co. v. Canada Pipeline Accessories Co., Case No. 1:13-cv-00579-SS (W.D. Tex. Nov. 22, 2013) (Sparks, J.), the court dismissed antitrust claims predicated upon alleged trademark misuse – but interestingly left the door (slightly) open to future claims based on similar conduct. The case involves flow conditioners
The US District Court of Western Texas dismisses antitrust claims predicated upon alleged trademark misuse about flow conditioners in oil pipelines (RJ Machine / Canada Pipeline Accessories)
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