FEDERAL COURT THROWS OUT ROBERT ROOKS COUNTERCLAIM, CLEARING WAY FOR ALLIED ARTISTS’ PROSECUTION OF ROOKS AND CODEFENDANTS FOR TRADEMARK INFRINGEMENT
08/08/2009

United States District Judge Gary A. Feess rules in favor of Allied Artists International, stripping Rooks of all counterclaims, which represented the core of Rooks’ defense and leaves Rooks and his four codefendants answering to charges of federal trademark infringement.

Online PR News – 08-August-2009 – – For the second time, United States District Judge Gary A. Feess has dismissed all counterclaims submitted by defendant Robert N. Rooks, in a fifty million dollar trademark infringement action brought by Allied Artists International against Rooks, two corporations and four codefendants last year. The Court previously granted a similar motion made by Allied Artists earlier this year, but allowed Rooks to file an amended counterclaim, provided Rooks produced contracts substantiating his claims. Rooks filed an amended counterclaim, producing a contract dating back nearly a decade. Judge Feess noted in a seven page order that Rooks’ “propounded theory ... makes no sense in view of the parties’ actual agreement,” and granted Allied Artists’ motion without leave to amend and with prejudice.

Having had all of his counterclaims dismissed with prejudice precludes Rooks from filing any additional counterclaims, and permits Allied Artists’ trademark infringement case to proceed to trial. Rooks’ now dismissed counterclaims virtually mirrored his core defense to the charges leveled against him and his codefendants by Allied Artists.

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The history of Allied Artists is long, varied and legendary. Throughout the years, the Allied Artists brand has been associated with such classic motion pictures as "Papillon," starring Steve McQueen and Dustin Hoffman, "Cabaret," with Liza Minnelli and Joel Grey, "Tickle Me" starring Elvis Presley, and "The Man Who Would be King," starring Sean Connery, Michael Caine and Christopher Plummer, to name but a few.