353 results for 'nos:"Trademark - Property Rights"'.
J. Pulliam declines to dismiss a lawsuit, including counterclaims brought by defendants, in a dispute stemming from an alleged oral agreement by defendants to provide “consulting and collaboration” to advertising campaigns. Both parties asserted multiple claims against each other, including fraud, and there are too many genuine factual disputes to justify dismissing either side’s claims at this time.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: December 14, 2023, Case #: 5:23cv791, NOS: Trademark - Property Rights, Categories: Fraud, Trademark
J. Jordan grants the company's motions to compel in a trademark case involving the alleged sale of infringing products on Amazon Storefronts. The company's former independent distributors are ordered to amend or supplement their initial disclosures and discovery responses due to their prior conflicting and confusing responses on key issues in the case. "To say that defendants have some explaining to do is an understatement."
Court: USDC Eastern District of Texas , Judge: Jordan, Filed On: December 13, 2023, Case #: 4:22cv900, NOS: Trademark - Property Rights, Categories: Sanctions, Trademark, Discovery
J. Dein allows a restaurant owner’s motion to dismiss amended counterclaims brought against it by owners of a newer restaurant with the same name who it is suing for use of its trademarks. The owners of the newer restaurant fail to provide the evidence necessary to back their counterclaims of fraud and abandonment.
Court: USDC Massachusetts, Judge: Dein, Filed On: December 13, 2023, Case #: 1:23cv10567, NOS: Trademark - Property Rights, Categories: Fraud, Trademark
J. Bashant rules an opthalmic pharmacy may present "belatedly identified witnesses" testimony in court concerning false advertising against a competitor. The pharmacy was unaware of these 12 witnesses or the content of their testimony before receiving a voicemail from the competitor's former employee stating that she had information that would be pertinent to the litigation. However, the competitor will be prejudiced if it is unable to depose the newly identified witnesses so discovery is reopened for the sole purpose of allowing the competitor to conduct these depositions.
Court: USDC Southern District of California, Judge: Bashant , Filed On: December 12, 2023, Case #: 3:21cv1305, NOS: Trademark - Property Rights, Categories: Trademark, Discovery, False Advertising
J. Wang grants partial default judgment to Tapestry, which represents the interests of "luxury fashion house" Coach in claims contending a competitor imported unlicensed and counterfeit wallets and bags, because the competitor admitted willfulness in producing and selling items indistinguishable from the Coach brand.
Court: USDC Colorado, Judge: Wang, Filed On: December 12, 2023, Case #: 1:23cv1049, NOS: Trademark - Property Rights, Categories: Trademark
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J. Marutollo allows a medications distributor to conduct additional discovery into a purported counterfeit medications scheme, which was the basis for a separate federal action filed by the suing pharmaceutical company in the Southern District of Florida. The distributor is being sued by the pharma firm under trademark law for allegedly participating in a counterfeit HIV medication scheme involving various other entities. The court finds the answer to whether or not the counterfeit supplies in this case are the same supplies at issue in the Florida case is critical to the distributor’s defense.
Court: USDC Eastern District of New York, Judge: Marutollo, Filed On: December 8, 2023, Case #: 1:21cv4106, NOS: Trademark - Property Rights, Categories: Trademark, Discovery
J. Delaney recommends granting, in part, default judgment to a glass infuser seller on its trademark infringement and unfair competition claims against a smoke shop. Although the seller sufficiently supported its claim for damages, it is entitled to only $5,000, rather than the requested $150,000, as it did not identify the marks or specify the number of marks within the shop.
Court: USDC Eastern District of California, Judge: Delaney, Filed On: December 7, 2023, Case #: 2:22cv2034, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Wu finds that the manufacturer demonstrates fair use of the automation company's copyrighted material, as the automation company originally disputed in its complaint that the manufacturer's products infringe on the automation company's M9-Series digital test instruments. The manufacturer's use of the copyright is transformative enough when compared to the original trademarked product, and the automation company does not make it clear what dispute is at issue regarding the code.
Court: USDC Central District of California, Judge: Wu, Filed On: December 6, 2023, Case #: 2:20cv2713, NOS: Trademark - Property Rights, Categories: Copyright, Trademark
J. Ezra declines to adopt a report and recommendations after a previous judge denied default judgment to an outerwear company in a trademark dispute due to what the previous judge said was lack of personal jurisdiction. The outerwear company had decided not to several product lines and had instead entered a contract to destroy and recycle them, but contrary to that agreement some of the products were instead illicitly sold. While the previous judge found that a person sued in the case did not have sufficient contacts in Texas, Texas has “legitimate interests in adjudicating a dispute that involves the sale of goods in Texas and to Texas consumers,” and the outerwear company likewise has “a compelling interest in obtaining relief in the forum where its goodwill and reputation have been damaged” due to alleged illicit sales.
Court: USDC Western District of Texas , Judge: Ezra, Filed On: December 1, 2023, Case #: 1:22cv1337, NOS: Trademark - Property Rights, Categories: Trademark, Conversion, Contract
J. Pepper finds the glass pipe company has adequately proven the smoke shop sold counterfeit versions of its glass pipe accessories in violation of federal law, and because the smoke shop has not appeared to defend itself, the company's motion for default judgment is granted. The company is awarded $20,000 in damages, plus $497 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 30, 2023, Case #: 2:23cv751, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Pepper finds the glass pipe company has adequately proven the smoke shop sold counterfeit versions of its glass pipe accessories in violation of federal law, and because the smoke shop has not appeared to defend itself, the company's motion for default judgment is granted. The company is awarded $20,000 in damages, plus $497 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 30, 2023, Case #: 2:23cv901, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Pepper finds the glass pipe company has adequately proven the smoke shop sold counterfeit versions of its glass pipe accessories in violation of federal law, and because the smoke shop has not appeared to defend itself, the company's motion for default judgment is granted. The company is awarded $20,000 in damages, plus $497 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 30, 2023, Case #: 2:23cv778, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Pepper finds the glass pipe company has adequately proven the smoke shop sold counterfeit versions of its glass pipe accessories in violation of federal law, and because the smoke shop has not appeared to defend itself, the company's motion for default judgment is granted. The company is awarded $20,000 in damages, plus $497 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 30, 2023, Case #: 2:23cv745, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Pepper finds the glass pipe company has adequately proven the smoke shop sold counterfeit versions of its glass pipe accessories in violation of federal law, and because the smoke shop has not appeared to defend itself, the company's motion for default judgment is granted. The company is awarded $20,000 in damages, plus $497 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 30, 2023, Case #: 2:23cv785, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Pepper finds the glass pipe company has adequately proven the smoke shop sold counterfeit versions of its glass pipe accessories in violation of federal law, and because the smoke shop has not appeared to defend itself, the company's motion for default judgment is granted. The company is awarded $20,000 in damages, plus $597 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 30, 2023, Case #: 2:23cv696, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Pepper finds the glass pipe company has adequately proven the smoke shop sold counterfeit versions of its glass pipe accessories in violation of federal law, and because the smoke shop has not appeared to defend itself, the company's motion for default judgment is granted. The company is awarded $20,000 in damages, plus $497 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 30, 2023, Case #: 2:23cv897, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Stadtmueller finds that the glass pipe company has adequately proven the smoke shop infringed its trademarks by selling counterfeit versions of its glass pipe accessory products and, since the shop has failed to appear to defend itself, grants the company's motion for default judgment. The company is awarded $75,000 in damages for infringement of its three marks, plus $1,001 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: November 28, 2023, Case #: 2:23cv748, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Boyle denies a Japanese restaurant's motion for default judgment on its trademark action against a sushi restaurant with the same name. The Japanese restaurant fails to provide facts to show an overlap between the two businesses' customer bases, that the sushi restaurant has an intent to confuse customers, or that there is actual confusion.
Court: USDC Northern District of Texas , Judge: Boyle, Filed On: November 28, 2023, Case #: 3:23cv1285, NOS: Trademark - Property Rights, Categories: Trademark
J. Stadtmueller finds that the glass pipe company has adequately proven the smoke shop infringed its trademarks by selling counterfeit versions of its glass pipe accessory products and, since the shop has failed to appear to defend itself, grants the company's motion for default judgment. The company is awarded $75,000 in damages for infringement of its three marks, plus $931 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: November 28, 2023, Case #: 2:23cv750, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Stadtmueller finds the glass pipe company's trademark infringement lawsuit alleging the smoke shop sold counterfeit versions of its glass pipe accessory products is supported by adequate evidence, and because the shop has not appeared to defend itself in the lawsuit, the company's motion for default judgment is granted. The company is awarded $75,000 in damages for infringement of the three disputed marks, plus $862 in costs, a permanent injunction is entered banning the smoke shop from its infringing activities, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: November 28, 2023, Case #: 2:23cv697, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Stadtmueller finds that the glass pipe company has adequately proven the smoke shop infringed its trademarks by selling counterfeit versions of its glass pipe accessory products and, since the shop has failed to appear to defend itself, grants the company's motion for default judgment. The company is awarded $75,000 in damages for infringement of its three marks, plus $931 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: November 28, 2023, Case #: 2:23cv701, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Stadtmueller finds that the glass pipe company has adequately proven the smoke shop infringed its trademarks by selling counterfeit versions of its glass pipe accessory products and, since the shop has failed to appear to defend itself, grants the company's motion for default judgment. The company is awarded $75,000 in damages for infringement of its three marks, plus $912 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: November 28, 2023, Case #: 2:23cv743, NOS: Trademark - Property Rights, Categories: Trademark, Damages