Chalk up another win for Panini America in its battle against trademark infringement.
A federal judge last week found in favor of the Dallas-based trading card company and issued an injunction against Jamie Nucero. Judge John M. Gallagher ordered the Pennsylvania resident to “immediately cease and desist” from using Panini’s trademarked names, including Rated Rookie, Rookie Ticket, Contenders, and “any confusingly similar variants thereof.”
The injunction, completed March 23, ends a lawsuit that was filed in December by Panini in U.S. District Court for the Eastern District of Pennsylvania. The parties in the case had previously agreed to a settlement agreement, and the court granted the joint motion.
In addition to the cease-and-desist order, the injunction orders Nucero from any future use of the Panini trademarks, or to make any representations to any person or entity that he has the authority to use those trademarked names.
The original lawsuit was part of Panini’s effort to protect its Rated Rookie trademark, particularly for up-and-coming NBA stars like Zion Williamson. Panini also alleged in the civil complaint that other trademarks, such as Rookie Ticket, Contenders and similar variants, were being infringed by Nucero.
The lawsuit contained exhibits detailing emails between Nucero and Shad Wing, who Panini attorneys alleged was a previous customer, discussing Williamson cards, among others, in an exchange of emails earlier this year.
In all, Panini has filed four lawsuits in the last several months regarding trademark infringement issues in association with homemade cards being sold online.
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