The U.S. District Court for the Eastern or Western District of Arkansas was chosen as the forum for litigating the following case(s), as published by Justia:
- Flexible Staffing Services, Inc. et al v. Integro Employment Services, Inc.; Case Number: 5:2008cv05018; Filed: January 22, 2008; Court: Arkansas Western District Court
Flexible Staffing Services (FSS) seeks a declaratory judgment that they do not infringe the trademark rights claimed by Integro Employment Services. Both parties to this case are temporary/temp-to-hire staffing services, although plaintiff characterizes this using the term “flexible contract staffing service.” A quick google search for the term turned up only one use, and it wasn’t by either party to this case. However, Flexible Staffing Services, a regional player operating in 10 states, is asking that the court declare “the words ‘FLEXIBLE’ and ‘STAFFING are generic when used in connection with temp-to-hire and flexible contract staffing services. Integro, the northwest Arkansas (Lowell, Ar) staffing company, previously claimed common law trademark rights to “flexible staffing” by sending a cease-and-desist letter to Flexible Staffing Services’ Arkansas Affiliate (FSSOA) regarding the use of the name “Flexible Staffing.” They then sued and sought a temporary restraining order against FSSOA, the Arkansas subsidiary which is pending. FSS brought this Federal action in order to end run the state suit, of which they are not a party and in which they claim they cannot intervene. Why they did not attempt to intervene in the State action I am not sure. Under Rule 24(b)(2), which provides for intervention “when an applicant’s claim or defense and the main action have a question of law or fact in common,” Fed. R. Civ. P. 24(b)(2), & Ark. R. Civ. P. 24(b)(2), they should have been able to assert their rights in that case.
Filed under: Arkansas IP Litigation
The testis is the primary organ of male reproduction while the spermatozoa, or simply ‘sperm’, is the product of the reproductive activities of the testes. The sperm is produced in the testes through a cycle/processes known as spermatogenesis and is stored in the epididymis. This process of spermatogenesis, takes about 74 days from the primitive cells called spermatogonia to the matured sperm cell. The development throughout this cycle is greatly influenced by a number of hormones, such as Lutenizing Hormone (LH), Follicle Stimulating Hormone (FSH), testosterone and others. Finally, the matured sperm cells in the testis are non-motile and incapable of fertilization until they get to the epididymis for storage and distribution, where they undergo the final maturation to become motile and fully capable of fertilization. It should also be understood that, though the adult testis is located in the scrotum behind the testis, it actually develops, during fetal life, in the abdomen and only descends to its final position just before birth.