Robert Half Inc. v. Robert Half Management Resources LLC

Background

Plaintiff Robert Half Inc. (RHI) is a global specialty staffing and employment placement company founded in 1948. RHI holds numerous federally registered trademarks with the United States Patent and Trademark Office (USPTO) incorporating the phrase 'ROBERT HALF,' which it uses extensively in advertising, on its website, and across social media and job boards.

In July 2024, an individual named Lance Torbert registered Defendant Robert Half Management Resources LLC (RHMR LLC) with the Minnesota Secretary of State, listing himself as the registered agent. RHI did not authorize RHMR LLC to use the 'ROBERT HALF' name or any of its registered marks. RHI learned of the infringing entity in November 2024 and sent a cease-and-desist letter, which went unanswered. RHI then filed this lawsuit. Note: Lance Torbert was individually dismissed from the case on May 23, 2025 (Doc. No. 12); only RHMR LLC remained as a defendant.

Claims

RHI asserted the following causes of action: violations of the Lanham Act (the primary federal trademark statute, 15 U.S.C. § 1051 et seq.); unlawful trade practices; violation of the Minnesota Deceptive Trade Practices Act; dilution of marks; trademark infringement; and unfair competition.

Procedural Posture

Because RHMR LLC failed to plead or otherwise defend itself in the lawsuit, the Clerk of Court entered default against it on June 9, 2025, under Federal Rule of Civil Procedure 55(a). RHI then moved for a default judgment under Fed. R. Civ. P. 55(b)(2). A hearing was held on September 16, 2025; RHI appeared through counsel, and RHMR LLC did not appear.

Upon entry of default, factual allegations in the complaint are deemed admitted except those relating to the amount of damages. Fed. R. Civ. P. 8(b)(6). However, the court must still determine whether the unchallenged facts state a legitimate legal cause of action, as a defaulting party does not concede mere legal conclusions. Murray v. Lene, 595 F.3d 868, 871 (8th Cir. 2010).

Legal Analysis — Permanent Injunction

The Lanham Act, 15 U.S.C. § 1116(a), empowers courts to grant injunctions on equitable terms. The court applied the four-factor Dataphase test, used by the Eighth Circuit Court of Appeals to evaluate whether a permanent injunction is appropriate. Dataphase Sys., Inc. v. C L Sys., Inc., 640 F.2d 109, 114 (8th Cir. 1981). The four factors are:

1. Likelihood of success on the merits — The court found RHI demonstrated a likelihood of success, reasoning that RHMR LLC almost certainly intended to trade on RHI's established reputation and cause public confusion about an association between the two entities.

2. Threat of irreparable harm to the plaintiff — The court found that consumer confusion was nearly certain given the identical use of the 'ROBERT HALF' name, constituting irreparable harm to RHI.

3. Balance of harms — RHMR LLC submitted no response addressing any harm it would suffer from an injunction. The balance therefore favored RHI.

4. Public interest — The court found that the public interest weighs against consumer confusion and trademark infringement, citing Anheuser-Busch, Inc. v. Balducci Publications, 28 F.3d 769, 776 (8th Cir. 1994).

All four factors weighed in RHI's favor.

Holding and Relief Ordered

Judge Bryan granted the motion for default judgment in full and entered the following orders:

- Permanent injunction: RHMR LLC is immediately and permanently enjoined from using USPTO Trademark Registration Nos. 1,156,612 and 6,622,283, any other RHI trademark, the phrase 'ROBERT HALF,' or anything likely to cause confusion with or dilute the RHI Marks.

- Destruction of infringing materials: RHMR LLC must immediately destroy all advertising, promotional materials, merchandise, and the means of producing such materials that include the phrase 'ROBERT HALF.'

- Deregistration: The Secretary of State of Minnesota is ordered to immediately and permanently deregister Robert Half Management Resources LLC, File Number 148576500027, as a Minnesota domestic limited liability company.

- Accounting and disgorgement of profits: RHMR LLC must provide an accounting to RHI of all profits derived from its business operations while operating as RHMR LLC, and must disgorge (pay over) those profits to RHI within ten days of the order.

- Attorneys' fees: The court found the infringement to be willful, deliberate, and in bad faith, making the case 'exceptional' under 15 U.S.C. § 1117 of the Lanham Act. As a result, RHI is entitled to an award of reasonable attorneys' fees. The amount will be determined after RHI submits an affidavit with billing records within ten days. RHMR LLC must remit payment within ten days of the court's subsequent order setting the fee amount.

Note on Spelling

The opinion uses the spelling 'Torbert' in the body text and 'Tobert' in footnote 1. This summary uses 'Torbert' as it appears to be the intended spelling, but the discrepancy exists in the original opinion.