Tarek Saab<\/a>. \u201cThe case will continue, and we remain confident in the strength of our position. A preliminary injunction is an extraordinary remedy decided on an incomplete record, and we look forward to presenting the full merits of our case as the litigation proceeds.\u201d<\/p>\nState\u2019s Use of \u201cCoin\u201d Found Misleading<\/p>\n
Despite denying the injunction, the Court found that the State\u2019s marketing of its products as \u201ccoins\u201d is misleading. The Court specifically noted that the common understanding of \u201ccoin\u201d is synonymous with money or currency, and that the State\u2019s use of the term has the potential to deceive consumers about the nature of its products.<\/p>\n
State Waived Sovereign Immunity<\/p>\n
The Court rejected the State\u2019s argument that sovereign immunity under the Eleventh Amendment bars TPM\u2019s Lanham Act trademark claims. The Court held that by removing this case to federal court and by filing its own related federal lawsuit in the Northern District of Texas seeking to invalidate TPM\u2019s trademarks, the State of Texas twice made the tactical decision to invoke federal jurisdiction and thereby waived its sovereign immunity.<\/p>\n
Trademark Infringement Claims Unresolved<\/p>\n
The Court did not reach the merits of TPM\u2019s trademark infringement and counterfeiting claims. Although the Court concluded that the preliminary injunction standard was not met at this stage, those claims remain fully alive and will be addressed as the case proceeds.<\/p>\n
Looking Ahead<\/p>\n
TPM intends to vigorously pursue its claims through the remainder of the litigation. In addition to the above-captioned case pending before Judge Ezra in Austin, a related action filed by the State of Texas seeking to invalidate TPM\u2019s trademarks is currently pending in the United States District Court for the Northern District of Texas. TPM has filed motions to dismiss and to transfer that case to the Western District of Texas under the first-filed rule.<\/p>\n
\u201cTexas Precious Metals has built its brand and reputation over 15 years by producing high-quality, Texas-themed precious metals products,\u201d Saab continued. \u201cWe will not stand by while a state agency uses confusingly similar marks and misleading marketing to compete against us. We are committed to protecting our trademarks and the consumers who rely on them.\u201d<\/p>\n
For more information or media inquiries, please contact Thomas Mustac, Senior Publicist at Otter PR, at thomas.mustac@otterpr.com<\/p>\n
About Texas Precious Metals<\/p>\n
Texas Precious Metals, LLC is a Texas-based precious metals dealer and producer that has operated for more than fifteen years. TPM sells Texas-themed gold and silver rounds, gold notes, and other precious metal products nationwide. TPM holds incontestable federal trademark registrations for its proprietary Texas-shaped Mint Mark and related marks.<\/p>\n
Contact:
Chris Rulon
General Counsel
Texas Precious Metals
Email:\u00a0chris@texmetals.com<\/a>\u00a0
Phone:\u00a0361-594-3624 x 10017<\/p>\n","protected":false},"excerpt":{"rendered":"Texas Precious Metals Court Finds State\u2019s Use of \u201cCoin\u201d Misleading and Rules State Waived Sovereign Immunity; Case Proceeds…\n","protected":false},"author":2,"featured_media":318289,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[25010,15808,66040,114159,6044,25323,27,29,28,99141,114158,14594],"class_list":["post-318288","post","type-post","status-publish","format-standard","has-post-thumbnail","category-texas","tag-district-court","tag-northern-district-of-texas","tag-precious-metals","tag-precious-metals-dealer","tag-preliminary-injunction","tag-shiner","tag-texas","tag-texas-headlines","tag-texas-news","tag-the-court","tag-tpm","tag-western-district-of-texas"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/posts\/318288","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/comments?post=318288"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/posts\/318288\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/media\/318289"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/media?parent=318288"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/categories?post=318288"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/tags?post=318288"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
![\"Texas](\"https:\/\/www.newsbeep.com\/us-tx\/wp-content\/uploads\/2026\/06\/ae27de00dfa0eeb09e3d22065d15b119.png\")
Texas Precious Metals <\/p>\n