Issue No. 070 · Story 04 · October 28, 2026

Amazon Defeats Hao's Motion to Dismiss

On October 23, the court denied in full Kathy Hao's renewed motion to dismiss Amazon's claims, which now proceed. Amazon alleges Hao, who is representing herself, let China-based trademark service providers use her credentials and electronic signature to file applications she did not adequately review or personally sign. No court has decided the merits of Amazon's claims against Hao.

§The court held Amazon adequately alleged injury traceable to Hao from listings removed after Brand Registry accounts sent allegedly false infringement notices.
§The court accepted Amazon's allegations as true only for the motion.
§Hao was listed as attorney of record on more than 5,000 trademark applications, and Amazon alleges owners of more than 4,000 of those marks later applied for Brand Registry.
§Amazon seeks damages under the federal trademark statute for the alleged fraudulent procurement of the HONGID and JGAUZNR registrations.

THE TAKEAWAY

The ruling lets a platform pursue a private damages claim against the attorney of record for registrations allegedly obtained through false declarations. The court held that the USPTO's authority to discipline attorneys does not displace that remedy.

Filing: ESCA Filings

Same issue

Neil Young Sues Trump 47 Committee Over Rockin' in the Free World

On October 26, Neil Young filed a copyright complaint against the Trump 47 Committee, alleging it caused Rockin' in the Free World to be played just before Donald Trump spoke at an October 12 rally without a license or his permission. No court has decided the merits.

My Chemical Romance Reportedly Agrees to Change Cheerleader Costumes

Reports published October 27 say My Chemical Romance agreed with Pro Silver Star Ltd., owner of the Dallas Cowboys Cheerleaders brand, before a court hearing to drop costumes resembling the cheerleaders' uniform for the remaining shows on its current tour. Pro Silver Star reportedly alleges the costumes falsely suggest its approval. Reports say no court has decided the merits.

Trade Dress

Eminem Asks Board to Refuse REASONABLY SHADY for Cosmetics, Candles

On October 19, Eminem sought partial summary judgment before the Trademark Trial and Appeal Board in his opposition to Robyn Dixon and Gizelle Bryant's REASONABLY SHADY application. He argues they lacked a bona fide intent to use the mark for cosmetics and candles when they filed. As of October 28, the Board has not ruled on the motion.

Trademark