WASHINGTON (CN) – The National Black Chamber of Commerce can pursue trademark-infringement claims and amend its complaint against U.S. Black Chamber and CEO Ronald Busby, a federal judge ruled.
The plaintiff nonprofit “states plausible claims for relief” in its amended complaint against Busby and his organization, which is also a Washington-based nonprofit.
Busby had unsuccessfully argued the complaint should be dismissed for failure to state a claim for omitting key legal terms.
In its 2010 federal complaint, the National Black Chamber of Commerce noted that it was established in 1993 to promote, empower, educate and provide resources for black businesses. It says Busby falsely represented himself as the chamber’s president to a health organization in Arizona.
U.S. District Judge Ricardo Urbina’s ruling Monday permits the plaintiff to amend its complaint for a third time. “A plaintiff’s previous failure to cure some defect in its complaint in an earlier amendment does not justify a ban on future amendments,” Urbina wrote.