Chriswell v. Big Score Entertainment, 11-CV-861, Slip Op. (N.D. Ill. Jan. 28, 2013)(Chang)
Chriswell uses the stage name Eryka Kane, and apparently has been somewhat successful as she has sold 1.7 million singles. Big Score Entertainment has begun to promote an artist under the name Arika Kane, and filed a trademark under that name as well. Chriswell filed an Opposition before the TTAB and a trademark case in the Northern District. When she filed the trademark case, she apparently lacked the $350 filing fee, and, in lieu of paying the filing fee, filed an in forma pauperis petition. The Defendants moved to dismiss her action partially based on an allegedly fraudulent petition – in particular, how could she have no money if she has actually sold as many records as she claims?
Judge Chang refused the motion to dismiss. However, he did require Chriswell to file a sworn affidavit summarizing how she is paying her attorney prosecuting her opposition before the TTAB.