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Lanham Act Law
 
Sleepy's, LLC v. Select Comfort Wholesale Corporation




At all relevant times, Sleepyʹs LLC (ʺSleepyʹsʺ or the ʺplaintiffʺ) was a bed
and mattress retailer obtaining products for resale from a variety of
manufacturers. In that endeavor, it entered into a ʺRetail Partnershipʺ with... More...
   $0 (12-03-2018 - NY)

Bernard Cote, the Personal Representative of the Estate of Judith Berger, v. R.J. Reynolds Tobacco Company and Phillip Morris USA, Inc.




Plaintiff Judith Berger (“Mrs. Berger”)1 sued Philip Morris USA, Inc. (“Philip Morris”) for intentional and unintentional torts, seeking compensatory and punitive damages for smoking-related injuries. After a nine-day, bifurcated trial... More...
   $0 (12-01-2018 - FL)

Christopher Gordon v. Drape Creative, Inc.; Papyrus-Recycled Greetings, Inc.

Plaintiff Christopher Gordon is the creator of a popular
YouTube video known for its catchphrases “Honey Badger
Don’t Care” and “Honey Badger Don’t Give a S---.” Gordon
has trademarked the former phrase for various classes of
goods, including greeting cards. Defendants Drape Creative,
Inc. (“DCI”), and Papyrus-Recycled Greetings, Inc. (“PRG”),
designed and produced greeting... More...
   $0 (11-29-2018 - CA)

American Freedom Defense Initiative v. King County





King County provides public transportation in the greater
Seattle metropolitan area. The County finances its transit
operations in part by selling advertising space on the exterior
of buses. Although many municipalities restrict advertising
t... More...
   $0 (09-30-2018 - WA)

State of Oklahoma v. Devin Warren Sizemore

McAlester, OK - Jury Convicts Father of Murder for Drowning Daughter in Baptism

The State of Oklahoma charged Devin Warren Sizemore, age 23, with:

1. MURDER IN THE FIRST DEGREE - 21 O.S. 701.1

2. BATTERY/ASSAULT & BATTERY ON POLICE OFFICER

The State charged by Defendant drowned his 2-year-old daughter Emily in a pond in Choctaw Park in Krebs, Oklahoma on ... More...
   $0 (09-15-2018 - OK)

Excelled Sheepskin & Leather Coat Corp. v. Oregon Brewing Company Southern District of New York - New York, New York

11 In a trademark dispute over use of the brand‐name ROGUE on t‐shirts,
12 sweatshirts, hats and similar apparel, Defendant Oregon Brewing Company
13 (“OBC”) appeals from the grant of summary judgment in the United States
14 District Court for the Southern District of New York (George B. Daniels, J.) in
15 favor of Plaintiff Excelled Sheepskin & Leather Coat Corporation... More...
   $0 (08-02-2018 - NY)

Destiny Hoffman v. Susan Knoebel Southern District of Indiana Federal Courthouse - Indianapolis, Indiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Like many jurisdictions, Indiana has turned to “drug courts” to tackle substance-abuse problems more flexibly than traditional sentencing regimes might al-low. Ind. Code § 33-23-16-5. These non-traditional court pro-grams have been shown to reduce recidivism rates, at least in some jurisdictions. Compare Michael W. Finigan, et al., IMPACT OF A MATURE DRUG COURT OVER 10 YEARS OF
2 No. 17-2750More...
   $0 (07-07-2018 - IN)

Xlear, Inc. v. Focus Nutrition, LLC District of Utah Federal Courthouse - Salt Lake City, Utah

Xlear, Inc. and Focus Nutrition, LLC are both in the business of selling
sweeteners that use the sugar alcohol xylitol. Xlear filed a complaint raising a trade
2
dress infringement claim under the Lanham Act, a claim under the Utah Truth in
Advertising Act (UTIAA), and a claim under the common law for unfair competition.
The claims all alleged that Focus Nutrition copied the pa... More...
   $0 (06-30-2018 - UT)

Pinkette Clothing, Inc. v. Cosmetic Warriors Limited Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Cosmetic Warriors Limited (“CWL”) sells LUSHbranded
cosmetics and related goods, while Pinkette Clothing
sells LUSH-branded women’s fashions. CWL seeks both a
permanent injunction restraining Pinkette from infringing on
CWL’s LUSH mark and cancellation of Pinkette’s
registration of its own LUSH mark. The district court held
that laches barred CWL’s infringement and cancella... More...
   $0 (06-29-2018 - CA)

Verisign, Inc. v. XYZ, L.L.C. United States Court of Appeals for the Fourth Circuit

This case arises out of a denial of a motion for an award of attorney fees under the Lanham Act, 15 U.S.C. § 1117(a), which allows a court to award “reasonable attorney fees to the prevailing party” in “exceptional cases.” For the reasons that follow, we hold that a prevailing party need only prove an exceptional case by a preponderance of the evidence, rather than by clear and convincing evidence... More...   $0 (05-29-2018 - VA)

RONALD D. HENDRIX, BDOE OF CHESTERFIELD, INC., BDOE, INC., and BD75, INC. V. JIM SHERIDAN, UES, LLC, SFCC-OLATHE, INC., and SHERIDAN'S FRANCHISE SYSTEMS, INC. Kansas Judicial Center

In 2013, Hendrix; BDOE, Inc.; and Hendrix's two other franchises (collectively Hendrix) filed suit against Sheridan; UES, LLC, the company that owned Unforked; and SFCC-Olathe, Inc. alleging fraud, breach of contract, and violations of the Kansas Consumer Protection Act. He later amended the petition to include SFS. Hendrix sought damages in excess of $75,000 and a declaration that he did not have... More...   $0 (05-27-2018 - KS)

Dana C. Lanham v. Sunrise Global Marketing, LLC Morelaw Internet Marketing for Legal Professionals Helping People Find You On The Internet 888-354-4529

Stateville, NC - Dana C. Lanham sued Sunrise Global Marketing, LLC on a civil rights job theory.... More...   $0 (05-21-2018 - NC)

Jerry A. Lanham and Sue Ellen Lanham v. The United States of America Morelaw Internet Marketing for Legal Professionals We Turn Your Successes Into Marketing Call Today! 888-354-4529

Pittsburgh, PA - Jerry A. Lanham and Sue Ellen Lanham sued The United States of America on a Federal Tort Claim Act auto negligence theory.... More...   $0 (05-02-2018 - PA)

Toland Jerome Bonner vs State of Florida

On January 6, 2015, six friends gathered for a birthday dinner at Los Rancheros Mexican Restaurant in Pensacola. After dinner, the friends were hanging out in the parking lot when Bonner approached them with a firearm and demanded money. Bonner moved towards the first victim and pointed the firearm directly at him, within inches from his head, and demanded money. Once Bonner realized the victim di... More...   $0 (04-09-2018 - FL)

DEVERON SHIVELY V. COMMONWEALTH OF KENTUCKY

Misty Shirley had been staying with her fian:ce's daughters, Courtney and
Carrie. Courtney's boyfriend, D.J., had been in an altercation with Misty's
fiance after he and two unidentified males entered Courtney and Carrie's
apartment looking for pills. After the altercation, Misty decitj.ed to leave
Courtney and Carrie's apartment and s_tay with other friends. D .J. called Misty... More...
   $0 (03-25-2018 - KY)

Edward Lewis Tobinick, M.D. v. M.D. Seven Novella, et al. Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Dr. Edward Tobinick appeals the District Court’s award of attorney’s fees to Dr. Steven Novella. Dr. Tobinick argues both that the District Court’s decision to award attorney’s fees and the amount of fees it awarded were made in error. This case presents an issue of first impression for our circuit. That is, whether the “exceptional case” standard for awarding attorney’s fees in Patent Act cases, ... More...   $0 (03-12-2018 - FL)

Digital Ally, Inc. v. Utility Associates, Inc. District of Kansas Courthouse - Kansas City, Kansas

Plaintiff-Appellant Digital Ally, Inc. appeals from the district court’s grant of
summary judgment in favor of Defendant-Appellee Utility Associates, Inc. Digital
Ally, Inc. v. Utility Assocs., Inc., No. 2:14-cv-02262-CM, 2017 WL 1197561 (D.
Kan. Mar. 30, 2017). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.1
Background
This case concerns two companies who sell in-c... More...
   $0 (02-16-2018 - KS)

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)

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)

Jason Eric Diehl v. Jonathan Robert Schrader

Tulsa, OK - Jason Eric Diehl sued Jonathan Robert Schrader

Issue # 1. Issue: AUTO NEGLIGENCE (AUTONEG)
Filed By: DIEHL, JASON ERIC
Filed Date: 05/04/2016
Party Name Disposition Information
Defendant: SCHRADER, JONATHAN ROBERT Disposed: DISMISSED - SETTLED, 11/20/2017. Dismissed- Settled
Docket
Date Code Description Count Party Amount
05-03-2016 EAA... More...
   $0 (11-20-2017 - OK)

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)

DRK Photo v. McGraw-Hill Global Education Ninth Circuit Court of Appeals - San Francisco, California

This appeal raises the now often litigated issue of whether a stock photography agency—here, the Arizona-based agency DRK Photo (“DRK”)—has standing under the Copyright Act of 1976 to pursue infringement claims involving photographs from its collection. Ultimately, there is no bright line answer to this question. Here, we affirm the grant of summary judgment in favor of defendants, McGraw-Hill Glo... More...   $0 (09-16-2017 - AZ)

PGA West Residential Association, Inc. v. Hulven International, Inc.

In its lawsuit against Hulven International, Inc. (Hulven) and various other
defendants, PGA West Residential Association, Inc. (PGA West) alleged defendant
Dempsey Mork1 tried to fraudulently insulate the equity in his condominium from
creditors by naming Hulven, a sham corporation entirely owned and controlled by Mork,
as the beneficiary of a deed of trust and note, and by later ... More...
   $0 (08-10-2017 - CA)

United States of America v. Helen Renee Ballard, a/ka/ Renee Ballard and Robert S. Ballard, a/k/a Steve Ballard Federal Courthouse - Alexandria, Virginia

Alexandria, VA - Former GSA Official and Husband Sentenced for Nepotism Scheme

A former senior official with the General Services Administration and her husband were sentenced July 31, 2017 to 18 months and 1 year in prison, respectively, for engaging in a nepotism hiring scheme.

Helen Renee Ballard (aka Renee Ballard), 52, and Robert S. Ballard (aka Steve Ballard), 56, both of B... More...
   $0 (08-02-2017 - VA)

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