21 results for 'judge:"Arnold"'.
J. Arnold finds a lower court properly dismissed a German discount supermarket's trademark claims against competitor Tesco groceries. The German discount supermarket argued that Tesco copied its trademark, which is a blue square with a yellow circle, which has a red ring around it. However. Tesco sufficiently showed in court that its mark does not confuse consumers because it is a blue square with a yellow circle absent of a red ring, which lists "Clubcard Prices," and not its actual logo.
Court: Her Majesty's Court of Appeal, Judge: Arnold, Filed On: March 19, 2024, Case #: CA-2023-1115, Categories: Trademark, Unfair Competition
J. Arnold finds a lower court properly sentenced a defendant to life in prison for abusive sexual contact with a fourth- grade female child. The defendant, the child's father's stepbrother, argued that his sentence enhancement was unreasonable. However, the government presented sufficient evidence in court that the defendant's sentence is reasonable based on impact statements from his previous victims, one who testified that he forced her to perform oral sex for ice cream, and that he was a "dangerous sex offender against minors." Affirmed.
Court: 8th Circuit, Judge: Arnold, Filed On: February 28, 2024, Case #: 23-2116, Categories: Evidence, Sex Offender, Child Victims
J. Arnold finds a lower court improperly ruled in favor of a female minor on wage payment claims against her employer. The female minor argued that the mining company reduced her pay for walkaround rights, while paying a higher wage for actual mining activities. However, the cement company she works for sufficiently showed in court that walkaround activities for mine inspections were paid at a lower pay rate. Reversed.
Court: 8th Circuit, Judge: Arnold, Filed On: February 28, 2024, Case #: 23-2213, Categories: Employment, Damages
J. Arnold finds a lower court properly dismissed a liquor company's copyright infringement claims against Aldi. The liquor company argued that Aldi launched a Christmas gin product that infringed on its light up, Christmas scene bottle design. However, Aldi presented sufficient evidence in court that its design was a "bright and busy" winter scene with infusionist branding, and not a white winter scene. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Arnold, Filed On: February 27, 2024, Case #: CA-2023-521, Categories: Copyright, Unfair Competition
J. Arnold finds a lower court properly dismissed a former employee's race discrimination claims. The former employee, an attendance ambassador," argued that the school terminated his role because he is Black. However, the public school district presented sufficient evidence in court that he engaged in attendance fraud.
Court: 8th Circuit, Judge: Arnold, Filed On: February 12, 2024, Case #: 23-2182, Categories: Employment, Fraud, Employment Discrimination
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J. Arnold finds a lower court improperly dismissed trademark claims brought by Umbro against Dream Pairs. Dream Pairs argued that its trade mark for its sports based clothing is valid. However, Umbro sufficiently showed in court that Dream Pairs' trademark, which is practically identical, is invalid and confuses consumers. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Arnold, Filed On: January 26, 2024, Case #: CA-2023-1043, Categories: Trademark
J. Arnold finds a lower court properly dismissed a skin care company's copyright infringement claims against an organic health and beauty products seller. The skin care company argued that the health and beauty products seller infringed on its "secret weapon" serum. However, the health and beauty products seller presented sufficient evidence in court that she never advertised her goods and services as a "secret weapon." Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Arnold, Filed On: December 19, 2023, Case #: CA-2023-886, Categories: Copyright, Contract
J. Arnold finds a lower court properly dismissed a group of "Swatch" watch makers trademark claims against Samsung. Swatch argued that Samsung infringed on two of its smart watches' dial branding technology apps. However, Swatch failed to properly show in court that Samsung was aware of the alleged illegal activity. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Arnold, Filed On: December 15, 2023, Case #: CA-2022-1738, Categories: Evidence, Trademark
J. Arnold finds a lower court improperly dismissed the Competition and Markets Authority's competition claims against Apple. Apple argued that the CMA lacked authority to decide that its control over mobile ecosystems creates barriers for other entities to enter the market. However, the CMA has the standalone power and the jurisdiction to launch a market investigation. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Arnold, Filed On: November 30, 2023, Case #: CA-2023-930, Categories: Government, Unfair Competition
J. Arnold finds a lower court properly dismissed Lufthansa's patent claims against an electronic systems manufacturer. Lufthansa argued that the systems manufacturer infringed on its patented a voltage component that connects electrical devices aircraft passengers. However, Lufthansa failed to file its claims within the statutory time period. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Arnold, Filed On: November 9, 2023, Case #: CA-2023-1045, Categories: Civil Procedure, Patent
J. Arnold finds a lower court properly dismissed a private investment company's trademark infringement claims against a digital banking firm. The investment company argued that the digital banking firm infringed on its "EasyOffices" trademark. The digital banking firm presented sufficient evidence in court that the private investment company is not entitled to the marks due to non use. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Arnold, Filed On: October 27, 2023, Case #: CA-2023-868, Categories: Trademark
J. Arnold finds a lower court properly sentenced a defendant, who pleaded guilty of assault by a habitual offender on a Native American reservation, to 24 months in prison after he violated probation. The defendant argued that the imposition was excessive. However, the government sufficiently showed in court that the defendant abruptly disappeared, tested positive for meth, and then dodged authorities who were investigating whether or not he stole a van. Affirmed.
Court: 8th Circuit, Judge: Arnold, Filed On: October 10, 2023, Case #: 23_1513, Categories: Drug Offender, Probation, Sentencing
J. Arnold finds a lower court properly applied a two- level enhancement to a defendant's sentence after he pleaded guilty to possessing meth, drug paraphernalia, and a BB gun. The defendant argued that the BB gun is not a "dangerous weapon." However, the BB gun appeared to be a handgun. Affirmed.
Court: 8th Circuit, Judge: Arnold, Filed On: October 6, 2023, Case #: 22-3425, Categories: Sentencing, Weapons
[Consolidated]. J. Arnold finds a lower court properly dismissed a multi- national Israeli pharmaceutical company's patent revocation claims against a Japanese patent holder. The pharmaceutical company argued that is entitled to enter the incontinence market in the U.K. However, the Japanese patent holder provided sufficient evidence in court that the company would infringe on its patent if allowed to distribute an overactive bladder medication in the U.K. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Arnold, Filed On: July 25, 2023, Case #: CA-2022-1348, Categories: Patent, Settlements
J. Arnold finds that the district court properly denied defendant habeas relief from his sodomy conviction for having sex with a person under 14 years old based on testimony from the victim's teacher that the child had been under 14 at the time of the crime, as well as evidence that she had a 15-year-old brother and had been entering the seventh grade when the abuse occurred. Affirmed.
Court: 8th Circuit, Judge: Arnold , Filed On: July 14, 2023, Case #: 22-1722, Categories: Evidence, Sex Offender
J. Arnold finds a lower court properly dismissed a former partner's claims for shares in a medical practice. The former partner argued that he is entitled to 1,600 shares in the practice as a former employee and shareholder. However, a provision in the parties' agreement clearly states that a partner who is expelled from the partnership is obligated to sell his shares to the remaining shareholders. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Arnold, Filed On: June 23, 2023, Case #: CA-2022-1712, Categories: Employment, Partnerships, Contract
J. Arnold finds a lower court properly dismissed a hearing implant manufacturer's patent infringement claims against another implant manufacturer. The hearing implant maker argued that the competition infringed on its cochlear implant systems product. However, the patent in question is obvious.
Court: Her Majesty's Court of Appeal, Judge: Arnold, Filed On: June 9, 2023, Case #: CA-2022-1398, Categories: Evidence, Patent
J. Arnold- Burger finds a lower court properly convicted a defendant to one count of identity theft after he presented a social security card to law enforcement that did not belong to him in order to dodge arrest for outstanding warrants. The defendant argued that he is only on the hook for a misdemeanor charge of interference with law enforcement. However, the State presented sufficient evidence in court that the charge of interference with law enforcement is not a more specific crime related to his charge of identity theft. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Arnold- Burger, Filed On: May 30, 2023, Case #: 124,314, Categories: Identity Theft
J. Arnold finds a lower court properly dismissed a married couple's motion for an interim injunction against News Group Newspapers. The married couple argued that News Group employees invaded the couples privacy by photographing them on a beach in Barbados, and that they did not consent to being photographed in public. However, the couple failed to establish in court that they are entitled to a reasonable expectation of privacy in respect to being photographed in public. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Arnold, Filed On: May 19, 2023, Case #: CA-2023-381, Categories: Privacy, Injunction