California Supremes Won't Stop Suit Against Manatt
The California Supreme Court refused Wednesday to review a malicious prosecution suit filed against Manatt, Phelps & Phillips and one of its partners over the Franklin Mint’s line of Princess Diana collectibles.
Only one justice, Carlos Moreno, would have granted the firm’s petition to review the legal issues in the case, the Recorder reported Friday.
Manatt had sued the popular coin and collectible maker in 1998 for trademark dilution and false advertising on behalf of the estate of the late princess and a memorial fund set up in her memory over the company’s sales of plates and other collectible items bearing Diana’s likeness.
After that suit was dismissed as “groundless,” the mint sued Manatt and intellectual property partner Mark Lee for malicious prosecution, claiming the firm’s suit against it was merely an attempt to hurt sales of Diana memorabilia.
Initially, the case against Manatt was dismissed after a 17-day trial before now-retired Los Angeles Superior Court Judge Warren Ettinger. But the suit was reinstated in May by California’s 2nd District Court of Appeal, which ruled 3-2 (PDF) that Manatt had no probable case to bring trademark dilution or false advertising claims against the company.
The mint has settled its claims with Diana’s estate and the memorial fund set up in her memory.
