Kalamata Capital Group, LLC v. NewCo Capital Group, LLC

Background

Kalamata Capital Group, LLC filed a motion asking the court to take judicial notice of three public records in connection with its motion to dismiss the defendants’ counterclaims. The records were copies of status pages from the United States Patent and Trademark Office’s Trademark Status & Document Retrieval system for Trademark Registration Nos. 4781302, 4633929, and 6206962. The records were downloaded on May 29, 2023.

NewCo Capital Group, LLC, doing business as Kalabaka Capital Group, and Kalabaka Capital Group, LLC did not oppose or object to the motion. At an October 20, 2023 conference, the defendants stated that they did not oppose the court taking judicial notice of the records.

Court’s Analysis

Federal Rule of Evidence 201 allows a court to recognize a fact when the fact is not reasonably disputed and can be accurately and readily determined from a source whose accuracy cannot reasonably be questioned. The court stated that courts may take judicial notice of United States Patent and Trademark Office records when analyzing trademark claims.

Ruling

The court granted Kalamata’s motion to take judicial notice of the three identified records. The court also requested that the Clerk of Court terminate docket entry 33 and docket entry 29, because docket entry 29 was duplicative of docket entry 28. The opinion addressed these docket and evidence issues; it did not rule on the underlying motion to dismiss the defendants’ counterclaims.