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Lanham Act Law
 
CFE Racing Products, Inc. v. BMF Wheels, Inc.

Plaintiff CFE Racing Products, Inc. (Plaintiff) appeals from the
order of the district court entering a narrow permanent injunction against BMF Wheels, Inc. and
BMF Wheels owner Brock Weld (Defendants) on February 24, 2014 following a jury trial that
resulted in a verdict for Plaintiff. Plaintiff argues that the injunction crafted by the district court
is inadequate, and that t... More...
   $0 (07-13-2015 - MI)

Delton R. Fair v. BNSF Railway Company

Plaintiff Delton R. Fair was working on the railroad. After he injured his back and
knee while trying to throw a switch, he brought this action against BNSF Railway
Company (BNSF) under the Federal Employers’ Liability Act (FELA) (45 U.S.C. § 51 et
seq.), alleging that he was injured as a result of BNSF’s negligence. A jury found in
Fair’s favor and awarded him a total of $3... More...
   $0 (06-30-2015 - CA)

William J. Burford v. Accounting Practices Sales, Inc. and Garry Holmes

Plaintiff William J. Burford
agreed to market and facilitate the purchase and sale of accounting
practices on behalf of defendant Accounting Practice
Sales, Inc. (APS) in various territories from Kentucky to
Louisiana. The parties initially signed one written contract
assigning Louisiana to Burford. They later modified this
agreement by orally agreeing that Burford should a... More...
   $0 (05-13-2015 - IL)

Milo Shamas v. Margaret A. Focarino

The Lanham Act, 15 U.S.C. §§ 1051-1141n, provides that a dissatisfied trademark applicant may seek review of an adverse ruling on his trademark application either by appealing the ruling to the Court of Appeals for the Federal Circuit, id. § 1071(a)(1), or by commencing a de novo action in a federal district court, id. § 1071(b)(1). If he elects to proceed in a district court and no adverse pa... More...   $0 (04-23-2015 - VA)

Alterra Excess and Surplus Insurance Company v. Estate of Buckminstyer Fuller

The Estate of Buckminster Fuller (Estate) appeals from a judgment on the pleadings holding that Alterra Excess and Surplus Insurance Company (Alterra) had no duty to defend, and therefore no duty to indemnify, its insured in an action brought by the Estate against the insured. The basis of the judgment was that an exclusion in the Alterra policy, referred to by all below as the “intellectual pro... More...   $0 (03-09-2015 - CA)

Two Jinn, Inc. v. Government Payment Service, Inc.

Two Jinn, Inc., doing business in California as Aladdin Bail Bonds (Aladdin), a
licensed bail agent, brought this action to enjoin Government Payment Services, Inc.
(GPS) from engaging in bail agent activities in violation of state licensing and
regulatory requirements. The superior court sustained a demurrer to Aladdin’s claim
for false advertising under the federal Lanham Act, ... More...
   $0 (02-03-2015 - CA)

Michael E. Davis a/k/a Tony Davis v. Electronic Arts, Inc.

We are called upon to balance the right of publicity of
former professional football players against Electronic Arts’
(EA) First Amendment right to use their likenesses in its
Madden NFL series of video games. We previously held
EA’s unauthorized use of a former college football player’s
likeness in the NCAA Football series of video games was not,
as a matter of law, ... More...
   $0 (01-06-2015 - CA)

United States of America v. Jose Sierra-Villegas

Jose Sierra-Villegas appeals his conviction and 325-month
sentence for possession with intent to distribute methamphetamine and conspiracy. Sierra-
Villegas was arrested shortly after the failure of a massive drug sale to an undercover officer that
No. 13-2513 United States v. Sierra-Villegas Page 2
had been coordinated in part by a confidential informant. Sierra-Villegas allegedly... More...
   $0 (12-23-2014 - MI)

Derma Pen, LLC v. 4Everyoung Limited

Two companies, Derma Pen, LLC and 4EverYoung, entered a sales
distribution agreement. Under the agreement, Derma Pen, LLC obtained
the exclusive right to use the DermaPen trademark in the United States.
4EverYoung had a contractual right of first refusal, allowing purchase of
Derma Pen, LLC’s U.S. trademark rights upon termination of the
distribution agreement. Derma Pen, LLC... More...
   $0 (12-09-2014 - UT)

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)

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