24 results for 'cat:"Trademark" AND cat:"Contract"'.
J. Boasberg denies the distiller's motion to enforce a settlement agreement with the restaurateur, which the parties reached to avoid litigation over the use of the name "Surfside" and similar fonts for both the restaurateur's Mexican restaurants and the distiller's canned cocktails. A contract to change the font used for the cocktails was not formed because the parties never agreed upon the material terms of that purported contract. That agreement is also incompatible with a later, broader settlement agreement, which similarly fell through.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: May 30, 2024, Case #: 1:23cv2928, NOS: Trademark - Property Rights, Categories: Settlements, trademark, contract
J. Méndez-Miró grants the corporate petroleum franchisor's motion for default judgment. The franchisor is the lessee and sub-lessor of the parcel of land and gasoline service station for which it is exclusively authorized and licensed to use the Total gasoline products brand. The franchisee and owner of the land on which the gas station sits claims entitlement to operate pursuant to a purported lease executed without the franchisor's consent, transferring its rights and obligations to a third party. The franchisor never consented to the transfer, and the transferee's use of its brand logos is an infringement. The transferee has also failed to operate the gas station, and this constitutes dilution by tarnishment.
Court: USDC Puerto Rico, Judge: Méndez-Miró, Filed On: May 16, 2024, Case #: 3:19cv1935, NOS: Trademark - Property Rights, Categories: Property, trademark, contract
J. Hall rules in favor of a health supplement supplier on the opposing party’s three counterclaims for breach of contract, fraud and fiduciary duty, finding the defendants fail to provide any substantive evidence that proves the existence of a second agreement between the two parties concerning the ownership of the company’s shares.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 29, 2024, Case #: 2:19cv5637, NOS: Trademark - Property Rights, Categories: trademark, contract, False Advertising
J. Campbell dismisses a materials science technology company's motion for preliminary injunction concerning trademark claims against a factory and former business associate in Asia. The factory and business associate sufficiently showed in court that it did not infringe on the company's plastic lined trays and lids when it accepted applications for new products, which were not based on the technology company's prototypes.
Court: USDC Arizona, Judge: Campbell, Filed On: February 26, 2024, Case #: 2:24cv93, NOS: Trademark - Property Rights, Categories: Evidence, trademark, contract
J. Underhill grants the employer's motion for a temporary restraining order, ruling it will suffer irreparable harm if the former employee is allowed to make further social media posts following her termination and creation of a competing business. Therefore, she will be barred from posting any information related to local entertainment and "family fun" directed at parents in her area.
Court: USDC Connecticut, Judge: Underhill, Filed On: February 23, 2024, Case #: 3:24cv192, NOS: Trademark - Property Rights, Categories: trademark, contract
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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. Simon denies summary judgment to the semiconductor supplier on Apex Micro Manufacturing's negligence claim in the shareholders' lawsuit alleging that that the supplier did not properly inform the shareholders about the export-controlled status of integrated circuits. The supplier had a contractual relationship with Apex in which the former provided the latter with export control information, and the shareholders sufficiently allege their negligence claim because this relationship meant that Apex could not test the semiconductors to see if they were case or temperature related, thus it had to rely on the supplier's datasheets.
Court: USDC Oregon, Judge: Simon, Filed On: November 1, 2023, Case #: 3:19cv86 , NOS: Other Statutory Actions - Other Suits, Categories: trademark, contract
J. Schroeder grants in part a women’s intercollegiate lacrosse coaches organization’s motion for summary judgment against an event management company for trademark infringement. The company began using the organization’s logos and applied for trademarks for them when the parties disagreed on whether their 2020 tournament series should be cancelled due to the Covid-19 pandemic. The organization officially cancelled the series, but the company advertised that it would still be held. The company’s use of the logos evidences its violation of trademark law, and its refusal to cancel the series constitutes tortious interference with the parties’ contract as well as unfair trade practices.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: September 26, 2023, Case #: 1:20cv425, NOS: Other Contract - Contract, Categories: trademark, Unfair Competition, Interference With contract
J. Magnuson grants the vehicle rental company a temporary restraining order enjoining the motorcycle rental agency from auctioning, using, operating or renting any of the former's vehicles, as the vehicle rental company's complaint alleges that the motorcycle rental agency did not pay all sums owed when renting the vehicles. The vehicle rental company demonstrates that the motorcycle rental agency likely breached the contract by continuing to use the vehicle rental company's mark on its websites despite the agreements' termination.
Court: USDC Minnesota, Judge: Magnuson, Filed On: September 22, 2023, Case #: 0:23cv2843, NOS: Trademark - Property Rights, Categories: trademark, contract, Injunction
J. Burroughs denies the industrial companies' motion for summary judgment against the promotional products company's lawsuit accusing them of scheming to sabotage and bankrupt the promotional products company. Why one of the industrial companies stopped working with the promotional products company, and whether the industrial companies purchased products made using the promotional products company's molds, is unclear, so summary judgment is not appropriate.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: September 18, 2023, Case #: 1:20cv11955, NOS: Trademark - Property Rights, Categories: trademark, Unfair Competition, contract
J. Schofield finds a licensor of tech products failed to pay fashion brand Kate Spade required fees for fiscal year 2023, resulting in Kate Spade terminating the license agreement. While the licensor argues that it invoked the force majeure clause of the licensing agreement due to Covid-19 related supply chain delays, Kate Spade successfully showed the licensor could have made some payment toward what it owed after the force majeure had abated, and in doing so breached the licensing agreement. The instant court grants Kate Spade’s motion for a preliminary injunction, finds the licensing agreement terminated, and orders the licensor to cease the manufacture and sale of Kate Spade branded products.
Court: USDC Southern District of New York, Judge: Schofield, Filed On: September 13, 2023, Case #: 1:23cv5409, NOS: Trademark - Property Rights, Categories: Licensing, trademark, contract
[Consolidated.] Per curiam, the circuit finds that the district court improperly awarded $2 million in damages for trademark infringement against the licensed builder of a Laser sailboat. When the builder stopped paying royalties under the manufacturing agreement authenticating the boats as Bruce Kirby-designed Lasers, the builder should have been put on notice and given time to cure the default. On remand, the timeline should be given a closer look to determine when willful infringement occurred.
Court: 2nd Circuit, Judge: Per curiam, Filed On: August 18, 2023, Case #: 21-519(L), Categories: trademark, contract
J. White allows claims to proceed in a trademark and contract dispute between two automotive lubricant companies in which one, Motul, has accused USA Wholesale Lubricant of selling Motul's oil without permission and selling low-quality oil products disguised as Motul oil. Several of Motul's claims can continue because it adequately alleges that it received complaints from customers about Motul products sold by USA Wholesale Lubricant, suggesting that its actions have had a diminishing influence on the value of the trademarks.
Court: USDC Northern District of California, Judge: White, Filed On: August 9, 2023, Case #: 4:22cv4841, NOS: Trademark - Property Rights, Categories: trademark, contract
J. Starr finds for two sets of parties on the opposing claims against each in a trademark infringement and conversion case. The limited liability company fails to plausibly plead its claims for trademark infringement and unfair competition, while the opposing parties also fail to support their claims for conversion, tortious interference with contract and fraudulent inducement, among others.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: June 26, 2023, Case #: 3:20cv3008, NOS: Other Personal Injury - Torts - Personal Injury, Categories: trademark, Conversion, contract
J. Males finds a lower court properly dismissed a group of trademark attorneys' motion for summary judgment on claims of breaches of duty brought by a geo minerals company. The trademark attorneys argued that they were entitled to transfer the geo minerals company and its trademarks to themselves. However, the geo minerals company presented sufficient evidence in court that the attorneys forged documents in order to obtain the business. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Males, Filed On: June 12, 2023, Case #: CA-2022-1719, Categories: trademark, contract