Trademark Law
 
Linde, et al. v. Arab Bank, P.C. Eastern District of New York Courthouse - Brooklyn, New York

The sixteen named plaintiffs on this consolidated appeal are
victims, or the relatives of victims, of three terrorist attacks
perpetrated in Israel by Hamas between March 2002 and June 2003.
Together with hundreds of other alleged victims and the surviving
relatives of victims of alleged Hamas attacks, the named plaintiffs
commenced actions in the United States District Court f... More...
   $0 (02-13-2018 - NY)

Natasha Mueller and SCoot Mueller v. Apple Leisure Corporation d/b/a Apple Leisure Group, Apple Vacations, L.L.C., AM Resorts, LLC and Am Resorts, L.P. Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

Natasha Mueller suffered a severe bout of food poisoning after she was served contaminated fish at a resort in the Dominican Republic while on her honeymoon. She and her husband sued several affiliated companies that sold and managed their vacation package. They filed their suit in federal court in the Eastern District of Wisconsin, where they live and purchased their trip. The vacation contract, ... More...   $0 (01-27-2018 - WI)

United States of America v. Abhishek Shukla and Harish Shabhai Panchal Southern District of Florida Courthouse - Miami, Florida

Miami, FL - Two Indian Citizens and India-based Corporation Plead Guilty to Conspiring to Smuggle Counterfeit Cigarettes

Abhishek Shukla and Harish Shabhai Panchal, both citizens of India, entered guilty pleas, along with the India-based company, Jubilee Tobacco Industries Corp., to conspiring to smuggle counterfeit cigarettes into the United States.

Benjamin G. Greenberg, United... More...
   $0 (01-24-2018 - FL)

Leapers, Inc. v. SMTS, LLC and Sun OPtics, USA Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Plaintiff Leapers, Inc. appeals the district court’s entry of
summary judgment for Defendant Sun Optics USA in Plaintiff’s case alleging trade dress
infringement under the Lanham Act, 15 U.S.C. § 1051, et seq. For the reasons set forth below,
we VACATE the district court’s judgment and REMAND the case for further proceedings.
BACKGROUND
Plaintiff Leapers, Inc. makes adjustable ... More...
   $0 (01-10-2018 - MI)

Commodores Entertainment Corporation v. Thomas McClary and Fifth Avenue Entertainment, LLC Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

In this common-law trademark case, Thomas McClary appeals from an order granting judgment as a matter of law to Commodores Entertainment Corporation (CEC) and converting a preliminary injunction into a permanent one against McClary and his corporation, Fifth Avenue Entertainment, LLC. The dispute concerned ownership of the mark “The Commodores,” the name of a famous Grammy Award–winning rhythm and... More...   $0 (01-09-2018 - FL)

Animal Legal Defense Fund, et al. v. Lawrence G. Wasden District of Idaho Federal Courthouse - Boise, Idaho

Investigative journalism has long been a fixture in the American press, particularly with regard to food safety.1 In the early 1900s, Upton Sinclair highlighted conditions in the meat-packing industry in The Jungle, a novel based on his time working incognito in a packing plant.2 This case also originates in the agricultural sector—a secretly-filmed exposé of the operation of an Idaho dairy farm. ... More...   $0 (01-09-2018 - ID)

Wandering Dago Inc. v. New York State Office of General Services et al. United States Court of Appeals for the Second Circuit Court of Appeals - New York, New York

New York, NY Plaintiff‐appellant Wandering Dago, Inc., (“WD”) operates a food truck and
32 brands itself and the food it sells with language generally viewed as ethnic slurs.
33 Defendants‐appellees are officials within the New York State Office of General Services
* Judge Carol Bagley Amon, of the United States District Court for the Eastern District of
New York, sitti... More...
   $0 (01-03-2018 - NY)

United States of America v. Xavier L. Johnson Eastern District of California Federal Courthouse - Sacramento, California

Sacramento, CA - Sacramento Man Sentenced to Prison for Criminal Trademark Infringement

Xavier L. Johnson, 37, of Sacramento, was sentenced December 15, 2017 by U.S. District Judge Garland E. Burrell Jr. to two years and six months in prison and three years of supervised release for trafficking in goods bearing counterfeit trademarks, U.S. Attorney Phillip A. Talbert announced.

A... More...
   $0 (12-18-2017 - CA)

San Diego Comic Convention v. Dan Farr Productions, et al. Southern District of California Federal Courthouse - San Diego, California

San Diego, CA - Jury Finds in Favor of San Diego Comic Convention on Trademark Violation Theory

San Diego Comic Convention sued Dan Farr Productions, Bryan Brandenburg and Daniel Farr on trademark infringement theories under 15 U.S.C. 1114, Lanham Act violation theories claiming that the Defendants caused confusion in using a deceptively similar name (Sal Lake Comic Con) for a pop-culture... More...
   $20000 (12-09-2017 - CA)

Juan Acra, Secner USA, LLC, Secner HR S.A. DE C.V. and North American Secner Holdings, LLC v. Giovanni Bonaudo and Maria Jilma Maldonado Dallas County Courthouse - Dallas, Texas

The underlying cause of action in this appeal stems from a business dispute among Juan Acra, Giovanni Bonaudo, and Bonaudo’s wife, Maria Jilma Maldonado. The dispute concerns services Bonaudo provided Acra and the corporate appellants, businesses controlled by Acra. The final judgment awards Giovanni Bonaudo, in relevant part, $403,488.72 in compensatory damages. The judgment is against appellants... More...   $0 (12-08-2017 - TX)

United States of America v. Mark Edward Brewster, M.D. Western District of Michigan Federal Courthouse - Grand Rapids, Michigan

Grand Rapids, MI - Adam B. Townshend and Raymond E. Beckering III.

Mark Edward Brewster, M.D., of Traverse City, Michigan, was sentenced to 10 months’ incarceration following his guilty plea to writing fraudulent prescriptions to obtain controlled substances. Brewster will also pay restitution to Blue Cross Blue Shield of Michigan, which paid for a number of Brewster’s fraudulent prescrip... More...
   $0 (11-08-2017 - MI)

The Traveler's Property Casualty Company of America v. Actavis, Inc.

The United States faces an epidemic of addiction, overdosing, death, and
other problems brought on by the increasing use and abuse of opioid painkillers. This
epidemic has placed a financial strain on state and local governments dealing with the
epidemic’s health and safety consequences. To seek redress for the opioid epidemic, the
County of Santa Clara and the County of Orange bro... More...
   $0 (11-07-2017 - CA)

Wayne Oliver v. Campbell-McCormick, Inc. Fourth Circuit Court of Appeals Courthouse

In these proceedings, plaintiff Wayne Oliver filed a complaint in Maryland state court alleging asbestos exposure claims against, among other defendants, Campbell-McCormick, Inc. (“CMC”). In response, CMC filed a third-party complaint against several entities, including General Electric Company (“GE”). GE then removed the litigation to the District of Maryland, prompting Oliver to move to sever hi... More...   $0 (11-06-2017 - MD)

Linda S. Restrepo and Carlos E. Restrepo d/b/a Collectively RDI Global Services and R&D International v. Alliance Riggers & Constructors, LTD El Paso County Courthouse - El Paso, Texas

Appellants, Linda S. Restrepo and Carlos E. Restrepo d/b/a Collectively RDI Global Services and R & D International, appeal from a judgment awarding damages in the amount of $125,775 to Appellee, Alliance Riggers & Constructors, Ltd. (Alliance Riggers).1 We affirm.
FACTUAL SUMMARY
Alliance Riggers has been in operation since 1978, and its business includes crane service as well as pre-cast... More...
   $0 (09-23-2017 - TX)

BRE DDR BR Whittwood CA, LLC v. Farmers and Merchants Bank of Long Beach

When a shopping center tenant defaulted on a secured
loan, the lender took possession of the premises through
foreclosure and transferred its interest to a third party.
Later, the third party surrendered the premises. The
landlord filed this action against the lender to enforce the
lease obligations, including payment of rent for the full lease
term. The trial court granted... More...
   $0 (08-30-2017 - CA)

United States of America v. Artashes Darbinyan Federal Courthouse - Los Angeles, California

Los Angeles, CA - California Man Sentenced to Prison for Perpetrating Trademark Scam

A California man was sentenced to prison on August 21, 2017 for his role as the mastermind of a $1.66 million mass mailing scam aimed at trademark holders. The former manager of a Wells Fargo branch in Glendale, California, and his associate were also sentenced to prison for their roles in laundering the... More...
   $0 (08-22-2017 - CA)

Steven J. Trazaska v. L'Oreal USA, Inc.; L'Oreal, S.A.

Steven J. Trzaska was an in-house patent attorney for
L’Oréal USA, Inc. (“L’Oréal USA”), a cosmetics company.
It fired him, he alleges, for his refusal to violate various
ethical rules that govern the legal profession. He asserts that
this action violated New Jersey employment law, as one
cannot be fired for refusing to violate regulations or public
3
policy at the ins... More...
   $0 (08-01-2017 - NJ)

Global Tel*Link Corporation v. Securus Technologies, Inc.

Global Tel*Link Corporation (“GTL”) moved to dismiss a suit brought by Securus Technologies, Inc. (“Securus”) based on the provisions of the Texas Citizen’s Protection Act (“TCPA”). Securus responded asserting the commercial speech exception applied to its suit or, in the alternative, it had clear and convincing evidence to support the claims asserted. Following a hearing, the trial court denied G... More...   $0 (08-01-2017 - TX)

Parks, LLC v. Tyson Foods, Inc.; Hillshire Brands Company Federal Courthouse - Philadelphia, Pennsylvania

This case concerns a trademark that once enjoyed widespread recognition but has since grown considerably weaker. Since the 1950s, Parks Sausage Company has manufactured or licensed sausage under the brand name “PARKS.”1 At one point, PARKS was placed on the Principal Register of trademarks at the United States Patent and Trademark Office (“USPTO”), but, sometime in the early 2000s, Parks failed to... More...   $0 (07-24-2017 - PA)

Bridget Marlow v. The New Food Guy, Inc. United States Court of Appeals for the Tenth Circuit Denver, Colorado

Plaintiff Bridgette Marlow sued her employer The New Food Guy, Inc., d/b/a
Relish Catering, under the Fair Labor Standards Act (FLSA). The FLSA requires
employers to pay a minimum wage of $7.25 per hour, see 29 U.S.C. § 206(a)(1)(C), plus
time and a half for overtime, see 29 U.S.C. § 207(a)(1). Relish paid Ms. Marlow $12 an
hour and $18 an hour for overtime. So what is the problem?... More...
   $0 (06-30-2017 - CO)

David Elliott v. Google, Inc.

Between February 29, 2012, and March 10, 2012, Chris Gillespie used a domain name registrar to acquire 763 domain names that included the word “google.” Each of these domain names paired the word “google” with some other term identifying a specific brand, person, or product—for example, “googledisney.com,” “googlebarackobama. net,” and “googlenewtvs.com.”
4 ELLIOTT V. GOOGLE
Google, Inc. (... More...
   $0 (06-19-2017 - AZ)

Nataliya Shahin v. Memorial Hermann Health System

Nataliya Shahin, appellant, appeals the trial court’s order granting Memorial Hermann Health System’s plea to the jurisdiction which dismissed her claim for declaratory relief without prejudice. While the trial court did not specify any grounds in the order, appellee’s plea to the jurisdiction argued that appellant’s
2
claim (1) was not ripe because the statement amount was subject to char... More...
   $0 (06-16-2017 - TX)

Paul Gerlich; Erin Furleigh v. Steven Leath; Warren Madden; Thomas Hill; Leesha Zimmerman

Iowa State University (ISU) grants student organizations permission to use its
trademarks if certain conditions are met. The ISU student chapter of the National
Organization for the Reform of Marijuana Laws (NORML ISU) had several of its
trademark licensing requests denied because its designs included a cannabis leaf. Two
members of the student group subsequently filed this 42 U.S.... More...
   $0 (06-13-2017 - IA)

Janet Pecher v. Owens-Illinois, Inc., et al.

The six cases consolidated on
appeal all involve claims related to asbestos exposure over
2 Nos. 16‐1799, 16‐2376, 16‐2377, 16‐2378, 16‐2379, 16‐2380
thirty years ago at a single Marshfield, Wisconsin plant which
produced fire doors.1 While complex on the surface, and
involving bulky appendices and appeals of separate orders,
the thrust o... More...
   $0 (06-07-2017 - WI)

STATE OF OHIO - vs - JERRY T. AGOSTINI, JR Mt. Auburn man indicted in $800,000 car dealership scam

On August 28, 2015, appellant was indicted in Warren County Court of
Common Pleas Case No. 15CR31283 on the following counts: one count of engaging in a
pattern of corrupt activity in violation of R.C. 2923.32(A)(1), a felony of the second degree;
eight counts of grand theft of a motor vehicle by deception in violation of R.C. 2913.02(A)(3),
felonies of the fourth degree; ten ... More...
   $0 (06-03-2017 - OH)

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