The Firehouse Subs Intellectual Property Lawsuits Are Far From Over. (Business Opportunities - Marketing & Sales)
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Item ID 3114903 in Category: Business Opportunities - Marketing & Sales
The Firehouse Subs Intellectual Property Lawsuits Are Far From Over. | |
Recent reports, including a Mealey’s headline suggesting the case was “rightfully tossed,” mislead the public. In reality, the Firehouse Subs litigation is still active, with rehearing petitions pending. A new Eleventh Circuit decision, Dulcio v. Arcadis U.S. Inc. (July 28, 2025), underscores why this case deserves reconsideration. The court stressed that dismissals with prejudice are improper unless amendment is futile beyond doubt. In close cases, generosity to plaintiffs is required—yet that generosity was absent in Firehouse Subs’ dismissal. Judge Schlesinger had already set standing trial and mediation orders, but Judge Davis later dismissed them outright without addressing them. Fraud allegations go deeper. The Department of Commerce/OIG (Case No. 19-0529) concluded that Firehouse Restaurant Group’s trademarks were obtained and maintained by fraud since 1995. Additional OIG reports confirm the USPTO has no effective fraud protections. This fraud is not theoretical—it appears in active USPTO oppositions (Opp. Nos. 91299838, 91297150) and was proven in Firehouse v. Scurmont (D.S.C. 2009), where a jury canceled FRG’s “Firehouse” mark. Trademark fraud strikes at the very core of IP law (In re Bose Corp. 580 F.3d 1240). The Firehouse Subs litigation reveals a pattern of deception that cannot be dismissed lightly. Visit Our Website: Mylegalopinion  | |
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2025-10-22 (0.377 sec)