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Court dismisses lawsuit filed by BAN against ISRI
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Friday, 17 Dec 2010

The United States District Court for the Western District of Washington at Seattle has granted the Institute of Scrap Recycling Industries motion to dismiss the lawsuit filed by the Basel Action Network against ISRI and the International Association of Electronics Recyclers.

The suit alleged ISRI's controversial use of its generic certification mark for its Certified Electronics Recycler® program. The decision explains in clear and certain terms that the Court has neither subject matter jurisdiction over the claims nor has BAN stated a valid, independent cause of action which would allow the Court to consider BAN's allegations.

Mr Scott J Horne general counsel of ISRI said that "We are extremely gratified that the Court has granted our Motion to Dismiss and upheld our argument that BAN overreached by filing this lawsuit. It is unfortunate that, rather than focusing the charitable organization’s scarce resources on properly enforcing its own ‘pledge’ program, which has recently been shown to be ineffective due to violations of its program by its own program participants, BAN chose to waste its limited resources on this frivolous lawsuit."

The Court has given BAN the opportunity, until January 14th 2011, to file an amended complaint which states an independent cause of action that would have cancellation of the mark as its remedy. If BAN does not amend its complaint by then, the Court will dismiss the entire case and enter judgment for ISRI.

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