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ARCHFORENSIC, L.L.C. v. ARCH ENGINEERING, L.L.C. et al

Docket 2:21-cv-16022, New Jersey District Court (Aug. 25, 2021)
Judge William J. Martini, presiding, Magistrate Judge Cathy L. Waldor
Trademark
DivisionNewark
FlagsPATENT/TRADEM
Cause28:1331 Fed. Question: Trademark
Case Type840 Trademark
Tags840 Trademark, 840 Trademark
Plaintiff ARCHFORENSIC, L.L.C.
Defendant ARCH ENGINEERING, L.L.C.
Defendant ARCH FORENSICS, L.L.C.
...
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No. 31 OPINION

Document ARCHFORENSIC, L.L.C. v. ARCH ENGINEERING, L.L.C. et al, 2:21-cv-16022, No. 31 (D.N.J. Mar. 28, 2023)
Plaintiff alleges that Defendants similarly provide "forensic science" services, including, but not limited to, engineering inspections and expert witness testimony for construction cases.
Mar. 11, 2014) ("A 'certificate of registration issued by the [U8PTO] constitutes prima facie evidence of the validity and ownership of a disputed mark' and is therefore sufficient to establish the first and second elements of trademark infringement and false designation claims."
Regarding the sixth factor, Plaintiff has asserted several instances where Defendants' use of its "Arch Forensics" mark has caused actual confusion among Defendants^ customers and the Office of the New Jersey Attorney General.
Further, Mr. Ling has been recognized for his contributions to the National Council of Architectural Registration Boards in Washington, D.C. and has been interviewed by the television program Inside Edition about arena safety concerns.
Weighing these factors, the Court finds that Defendants have acted with bad faith intent, and that Plaintiff has sufficiently alleged a legitimate cause of action for cybersquatting.
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