Jim Mullen Charitable Foundation v. World Ability Federation, NFP

On June 21, 2004, plaintiff Jim Mullen Foundation (JMF) filed a lawsuit against defendant World Ability Federation (WAF), alleging trademark mark infringement, trademark dilution, false designation of origin, unfair competition, interference with prospective economic advantage, trespass, and conversion. The circuit court granted summary judgment in defendant’s favor on all but one of JMF’s counts.

JMF appeals, contending: (1) the circuit court erred in considering defendant’s jus tertii defense, contending defendant improperly argued the Department of Labor’s alleged rights in the trademark…