Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Ripple Analytics Inc. v. People Center Inc.

Infringement Suit Dismissed Under FRCP 17 for Failure to Join Real Party in Interest

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

ADDITIONAL CASES People Center, Inc. d/b/a Rippling, Counterclaimant v. Ripple Analytics Inc., Counterclaimant-Defendant MEMORANDUM AND ORDER Rarely in civil litigation is a case dismissed for failure to join a “real party in interest” under Rule 17(a) of the Federal Rules of Civil Procedure, mainly because that rule encompasses generous remedial procedures which allow litigants to remedy any error through ratification, joinder or substitution within a “reasonable period.” See FED. R. CIV. P. (a)(3). Of course, these procedures cannot help a litigant who fails or refuses to properly invoke them. In this case, despite numerous objections by defendant since 2021, inquiry by the Court and repeated representations made by plaintiff’s counsel, the plaintiff, which no longer owns the trademark in question, the associated goodwill or any claims made in this action, has failed to effectively remedy this defect. As such, defendant’s motion to dismiss under Rule 17 is — surprisingly — meritorious and, for the reasons that follow, is granted. Background This action was commenced via the filing of a complaint in February 2020 by plaintiff Ripple Analytics Inc. Docket Entry (“DE”) 1. In sum and substance, the complaint purports to set forth claims for trademark infringement and unfair competition, the latter theory arising under both state and federal law. See generally id. The allegations state that plaintiff owns a registered federal trademark (U.S. Reg. 5,430,908), issued in March 2018, for the use of the word “RIPPLE” in connection with human-resources related software and complains of alleged infringement by defendant for its use of “RIPPLING” in relation to a similar product. Id.

1-6. The complaint, repeatedly and unequivocally, alleges that “Plaintiff owns all right, title and interest in and to the RIPPLE® mark.” Id.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Go to Events Go to Webcasts
Attorney

Truly exceptional Bergen County New Jersey Law Firm is growing and seeks strong plaintiff's personal injury Attorney with 5-7 years plaintif...


Apply Now ›
Labor & Employment Associate CT

Shipman is seeking an associate to join our Labor & Employment practice in our Hartford, New Haven, or Stamford office. Candidates shou...


Apply Now ›
Associate General Counsel

Evergreen Trading is a media investment firm headquartered in NYC. We help brands achieve their goals by leveraging their unwanted assets to...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements