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Lanham Act Law
 
William Parrish v. Latham & Watkins

In a prior litigation, FLIR Systems, Inc. and Indigo Systems Corporation (collectively, FLIR) brought suit against their former employees, William Parrish and E. Timothy Fitzgibbons (collectively, Former Employees) for, among other things, misappropriation of trade secrets (the underlying action). Former Employees were successful in defeating the underlying action. Moreover, they obtained a ruling... More...   $0 (08-27-2014 - CA)

Flying Pigs, LLC v. RRAJ Franchising, LLC

In late 2012, a North Carolina business called Flying Pigs, LLC, sued a North Carolina entity called RRAJ Franchising, LLC, in the Superior Court of Lenoir County, North Carolina, alleging a claim under North Carolina law. RRAJ removed that lawsuit to the Eastern District of North Carolina, asserting federal question jurisdiction pursuant to 28 U.S.C. § 1331. The district court denied Flying Pigs... More...   $0 (07-01-2014 - NC)

Petrella v. Metro-Goldwyn-Mayer, Inc.

The Copyright Act (Act) protects copyrighted works published before1978 for an initial period of 28 years, renewable for a period of up to 67 years. 17 U. S. C. §304(a). The author’s heirs inherit the renewal rights. See §304(a)(1)(C)(ii)–(iv). When an author who has assignedher rights away “dies before the renewal period, . . . the assignee maycontinue to use the original work only if the... More...   $0 (05-19-2014 - DC)

Erich Specht v. Google, Inc.

During the dot-com boom of the 1990s, Erich Specht founded Android Data Corporation, and registered the “Android Data” trademark. The company ceased principal operations in 2002, but the Android Data mark remained registered to it. Five years later, Google Inc. rolled out its new Android operating system for mobile phones. Specht responded with this suit against Google,

2 No. 11-3317More...
   $0 (04-04-2014 - IL)

Hornady Manufacturing Company, Inc. v. Doubletap, Inc.

Plaintiff–Appellant Hornady Manufacturing Company, Inc., appeals from a district court order granting summary judgment to Defendant–Appellee DoubleTap, Inc., on Hornady’s trademark infringement claims. Our jurisdiction arises under 28 U.S.C. § 1291, and we affirm.

Background

Hornady was founded in 1949 by Joyce Hornady. Aplt. App. 1047. Since that time, Hornady has manufacture... More...
   $0 (03-19-2014 - UT)

Lovely Skin, Inc. v. Ishtar Skin Care Products, LLC

Lovely Skin, Inc. (“Lovely Skin”) brought a four-count complaint against Ishtar Skin Care Products, LLC (“Ishtar”), alleging trademark infringement and false designation of origin under the Lanham Act, and common law unfair competition and injury to business reputation in violation of Nebraska law. Ishtar counterclaimed, seeking cancellation of the registrations of Lovely Skin’s two trad... More...   $0 (03-13-2014 - NE)

Angel Martinez Alicea p/k/a Ruf El Fantaztiko v. Machete Music

Over a century ago, Mark Twain lamented that "[o]nly one thing is impossible for God: to find any sense in any copyright law on the planet." Mark Twain, The Complete Works of Mark Twain: Mark Twain's Notebook 381 (Albert Bigelow Paine ed., 1935). We fear that Twain's deity would fare little better with the tangled skein of copyright and contractual claims presented by the plaintiffs in this case. ... More...   $0 (03-07-2014 - MA)

Peter Brownstein v. Tina Lindsay

This case concerns Appellant Peter Brownstein’s claim under the Copyright Act seeking a declaratory judgment of joint authorship of an ethnic identification system that he created with Appellee Tina Lindsay, the Lindsay Cultural Identification Determinate (“LCID”). Lindsay purports to have conveyed the copyrights to the LCID to Appellee Ethnic Technologies (“E-Tech”). The contested work ... More...   $0 (01-29-2014 - NJ)

Los Defensores, Inc. v. Rosa Gomez, et al.

In the underlying action, the trial court ordered the entry of a default against appellants as a sanction for discovery abuse, and issued a default judgment awarding respondent damages and injunctive relief. Appellants contend that the discovery sanctions were improper, that the complaint stated no cause of action, that they received inadequate notice of the damages respondent sought, and that the... More...   $0 (01-24-2014 - CA)

Manuel Cespedes, Jr. v. Yellow Transportation, Inc.

We deny Appellees’ Motion for Rehearing and Motion for Rehearing En Banc, withdraw our original opinion dated April 24, 2013, and substitute this opinion in its place.

2

In this workers’ compensation appeal, Claimant challenges an order of the Judge of Compensation Claims (JCC) that denies in part his claims for workers’ compensation benefits. Claimant argues the JCC erred by (... More...
   $0 (11-26-2013 - FL)

Kraft Foods Group Brands, LLC v. Cracker Barrel Old Country Store, Inc.

This is a trademark infringement suit (see Lanham Act, 15 U.S.C. §§ 1051 et seq.) brought by Kraft against Cracker Barrel Old Country Store (we can disregard the other parties). The district judge granted Kraft a preliminary injunction against the sale by Cracker Barrel Old

2 No. 13‐2559

Country Store of food products to grocery stores under the name Cracker Barrel, which is a re... More...
   $0 (11-14-2013 - IL)

Donavon E. Huff v. United States of America

Donavon Huff appeals the denial of his motion to vacate his sentence, which he filed under 28 U.S.C. § 2255. Huff had pleaded guilty to various fraud and identity theft charges under a plea agreement in which the

1

No. 10-3903 Huff v. United States Page 2

parties agreed, among other things, that the November 1, 2002 Sentencing Guideline Manual would be used to calculate his s... More...
   $0 (11-05-2013 - OH)

Jack Daniel Properties, Inc. v. J&M Concepts, LLC and Popcorn Sutton Distilling, LLC

Jack Daniel Properties, Inc., a subsidiary of Brown-Forman Corporation sued J&M Concepts, LLC and Popcorn Sutton Distilling, LLC on Lanham Act violation theories claiming that the bottle used by Defendants to sell Popcorn Sutton's Tennessee White Whiskey is "confusingly similar" to the packing for Jack Daniel's whiskey.... More...   $0 (10-25-2013 - JT)

Water Pik, Inc. v. Med-Systems, Inc.

The parties to this trademark dispute make consumer products for rinsing sinus cavities. Med-Systems, Inc., the earlier entrant in this market, sells its products under the federally registered trademark SinuCleanse and two similar marks. Water Pik, Inc., which traditionally sold oral irrigators and showerheads, registered the trademark SINUSENSE with the intention of selling sinus-irrigation devi... More...   $0 (08-12-2013 - OK)

Marvin Peugh v. United States

The Constitution forbids the passage of ex post factolaws, a category that includes “[e]very law that changesthe punishment, and inflicts a greater punishment, thanthe law annexed to the crime, when committed.” Calder v. Bull, 3 Dall. 386, 390 (1798) (emphasis deleted). The U. S. Sentencing Guidelines set forth an advisory sentencing range for each defendant convicted in federal court. We cons... More...   $0 (06-11-2013 - DC)

Ryan Hart v. Electronic Arts, Inc.

In 2009, Appellant Ryan Hart (“Appellant” or “Hart”)1 brought suit against Appellee Electronic Arts, Inc. (“Appellee” or “EA”) for allegedly violating his right of publicity as recognized under New Jersey law. Specifically, Appellant‟s claims stemmed from Appellee‟s alleged use of his likeness and biographical information in its NCAA Football series of videogames. The District ... More...   $0 (05-21-2013 - nj)

Klein-Becker USA, LLC v. Patrick Englert d/b/a Mr. Finest Supplements

Klein-Becker USA and Klein-Becker IP Holdings (collectively “Klein-Becker”)
sued Patrick Englert and Mr. Finest, Inc., for trademark infringement, copyright
infringement, false advertising, and unfair competition under the Lanham Act; false
advertising under the Utah Truth in Advertising Act; unfair competition under the Utah
Unfair Practices Act; fraud; civil conspiracy; and i... More...
   $0 (03-27-2013 - UT)

Yellowbook, Inc. v. Steven M. Brandeberry

This case involves a trademark dispute over the right
to use the “AMTEL” name and marks for phonebooks in various Ohio counties. In
2002, Defendant Steven Brandeberry sold his phonebook business, operated under the
name AMTEL, to Barney White, who in turn sold the business to Yellowbook, a national
publisher of yellow-pages directories. In 2009, Brandeberry decided to start a r... More...
   $0 (02-27-2013 - OH)

Swarovski Aktiengesellschaft v. Building #19, Inc.

Defendant-appellant Building #19, Inc. appeals from the entry of a preliminary injunction restricting its use of the word "Swarovski" in newspaper advertising to a certain font size. The case is ongoing in the district court, with requests for permanent injunctive relief pending. The dispute began when Building #19 obtained a number of Swarovski crystal figurines that it hoped to resell, and in o... More...   $0 (01-10-2013 - RI)

Rose Marie Carrier v. Shelbi Caitlin Lanham

Rose Marie Carrier sued Shelbi Caitlin Lanham on an auto negligence theory claiming:

1. That on or about May 27, 2011, on a public roadway South Yale Avenue, in Tulsa County, Oklahoma, Defendant, Shelbi Caitlin Lanham, negligently operated a motor vehicle in a manner that caused her to collide with a vehicle being driven by Plaintiff, Rose Marie Carrier.

2. At the time of the acciden... More...
   $0 (11-30-2012 - OK)

Donetta I. Kafader v. Kimberly A. Baumann

Donetta I. Kafader appeals from the district court’s order denying her motion for additur or, in the alternative, for a new trial following a jury verdict in her favor. For the reasons set forth below, we reverse and remand.

I.

FACTS AND PROCEDURE

Kafader brought this action seeking damages for personal injuries arising from a car collision with Kimberly A. Baumann. On Octob... More...
   $0 (11-28-2012 - ID)

Winchest Mystery House, LLC v. Global Asylum, Inc.

After defendant Global Asylum, Inc. released its film “Haunting of Winchester House,” plaintiff Winchester Mystery House, LLC filed an action alleging unauthorized use of its trademarks (15 U.S.C. § 1114), unfair competition (15 U.S.C. § 1125(a)), and interference with contract and economic advantage. Defendant brought a motion for summary judgment, which the trial court granted. On appeal, ... More...   $0 (10-24-2012 - CA)

Charles E. Yeager aka Chuck v. Connie Bowlin

Plaintiffs, retired General Charles E. “Chuck” Yeager and his foundation, appeal the district court’s order granting summary judgment to Defendants Ed and Connie Bowlin. Yeager contends that the district court should not have struck his declaration, which contains comprehensive details he did not remember at his deposition. He also contends that, under California’s single-publication rule,... More...   $0 (09-11-2012 - CA)

Christian Louboutin, S.A. v. Yves Saint Laurent America Holding, Inc.

The question presented is whether a single color may serve as a legally protected trademark in the fashion industry and, in particular, as the mark for a particular style of high fashion women’s footwear. Christian Louboutin, a designer of high-fashion women’s footwear and accessories, has since 1992 painted the “outsoles” of his women’s high-heeled shoes with a high-gloss red lacquer. I... More...   $0 (09-05-2012 - NY)

Valerie Walker v. Broadview Assisted Living

In this workers’ compensation appeal, Claimant argues the Judge of Compensation (JCC) erred in finding she failed to sustain her burden of proof under section 440.02(32), Florida Statutes (2009), regarding “occupational causation” of her left shoulder injury. For the reasons that follow, we agree and reverse the order denying benefits. Claimant, a receptionist for the Employer, was requested... More...   $0 (08-08-2012 - FL)

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