Trademark Law
 
AMERICAN STAR ENERGY AND MINERALS CORPORATION v. RICHARD “DICK” STOWERS

In this case we must decide whether Texas partnership law requires a plaintiff seeking to
enforce a partner’s liability for a partnership debt to sue the partner within the limitations period on
the underlying claim against the partnership. Here, a judgment creditor attempted to collect from a
partnership after litigating a contract claim for over a decade and a half, only to find the

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United States of America v. Artashes Darbinyan

Los Angeles, CA - Glendale Men Charged with Bank Fraud Conspiracy Related to Trademark Scam

Two Glendale residents have been charged in a superseding indictment in connection with a bank fraud scheme involving the proceeds of a mass mailing scam targeting holders of U.S. trademarks.

Artashes Darbinyan, 36, and Orbel Hakobyan, 41, were charged in a superseding indictmen

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LFP IP, LLC v. Hustler Cincinnati, Inc.

This appeal marks the latest chapter in a long-running business dispute between two siblings: Jimmy and Larry Flynt. At issue is whether the district court erred in modifying a 2011 permanent injunction that prohibited Jimmy (and his associated entities) from using trademarks owned by Larry (and his associated entities), including a trademark featuring their shared last name: Flynt. Because t

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Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

In this case we consider whether an actionable conflict of interest arises under Mass. R. Prof. C. 1.7, as
appearing in 471 Mass. 1335 (2015), when attorneys in different offices of the same law firm simultaneously represent business competitors in prosecuting patents on similar inventions, without informing them or obtaining their consent to the simultaneous representation. The plaintiff, C

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United States of America v. Rex Yang, Jake Schwartz and Casey Lee Ross

Kansas City, MO - Six Defendants Plead Guilty to $100 Million Software Piracy Scheme

A Seattle, Wash., man has become the sixth defendant convicted in federal court for his role in one of the largest software piracy schemes ever prosecuted by the U.S. Department of Justice.

“An investigation that began in Kansas City, Mo., uncovered one of the largest software piracy schemes ever

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Pipal Tech Ventures Private Limited v. MoEngage, Inc.

Plaintiff Pipal Tech is a closely-held corporation formed in 2011 under the laws of India with its principal place of business in India.4 Pipal Tech is in the business of developing, licensing, and supporting mobile and web-based applications. Non-parties Amit Baid, Raviteja Dodda, and Yashwanth Kumar are the founders of Pipal Tech.6 Dodda and Kumar are also former executives and board The fact

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City of Oak Ridge v. Joseph J. Levitt, Jr

Plaintiff/Appellee City of Oak Ridge (“the City”) adopted by ordinance the 2003 version of the International Property Maintenance Code (“IPMC”), which contained rules regarding buildings to prevent against structural, environmental, and health issues, such as asbestos. Defendant/Appellant Joseph J. Levitt, Jr. is the alleged owner of a number of apartment buildings within the City. On March 2, 2

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GLYCOBIOSCIENCES, INC. v. INNOCUTIS HOLDINGS, LLC et al

Plaintiff Glycobiosciences, Inc. filed this patent infringement suit against Defendants
Innocutis Holdings, LLC and Dara Biosciences, Inc., see Dkt. 1, alleging that Defendants
indirectly or contributorily infringed U.S. Patent No. 6,387,407 (“the ’407 patent”) by importing, selling, or offering to sell Defendants’ BIONECT product, see Dkt. 23 ¶¶ 18, 25, 32, 38.1
Plaintiff subseque

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Multi Time Machine, Inc. v. Amazon.com, Inc.

In the present appeal, we must decide whether the
following scenario constitutes trademark infringement: A
customer goes online to Amazon.com looking for a certain
military-style wristwatch — specifically the “MTM Special
Ops” — marketed and manufactured by Plaintiff Multi Time
Machine, Inc. The customer types “mtm special ops” in the
search box and presses “enter.” Because

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United States of America v. Su Qin Yang a/k/a “Lily” and “Anita Chang”

Los Angeles, CA - Former Rosemead Resident Sentenced to nearly Five Years in Federal Prison for Trafficking in Counterfeit Marlboro Cigarettes

A former resident of the San Gabriel Valley who was a major distributor of counterfeit cigarettes in the Los Angeles area has been sentenced to nearly five years in federal prison for trafficking in counterfeit goods.

Su Qin Yang, who also

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Small Rival Loses Suit Involving Car Scents

Little Trees, the giant in the forest of tree-shaped automotive air fresheners, trounced a small rival in a trademark suit in federal court in Manhattan on Thursday. A jury found that Exotica Fresheners Company had infringed on Little Trees trademark with the same look of its product. They want Exotica to change the packaging along with paying $52,000. Car-Freshener sued Exotica for changing th

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USF&G v. Ashley Reed

On July 12,2011, Plaintiff United States Fidelity and Guaranty Company ("USF&G")
filed a complaint against Defendants Ashley Reed Inc. ("Ashley Reed"), Scott Ressler, James
Ressler (collectively, the "Ashley Reed Defendants"), Fendi Adele, S.r.l., Fendi S.r.l, and Fendi
North America, Inc. (collectively, "Fendi"), seeking a declaratory judgment that three liability
insurance po

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Danker & Danker Public Relations v. McCants

Deborah Danker filed a petition against Brenda McCants individually based on unpaid invoices from an alleged service contract. Danker asserted she, through her business Danker and Danker, Public Relations, had contracted with McCants and Blending Moments to promote McCants' greeting card line for blended families. The trial court granted McCants' motion for summary judgment, finding she was not p

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Revolution Retail Systems, LLC v. Sentinel Technologies, Inc.

In 2011, Vector proposed a term sheet to acquire Tidel and its subsidiary,
Revolution. Tidel‟s majority stockholder, however, had high expectations for
Revolution‟s business prospects, and Tidel‟s Board rejected Vector‟s offer. Vector later
offered to acquire only Tidel, which Tidel accepted. Tidel and Revolution formally were
separated into two indep

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United States of America v. Evan Patterson

Dallas, TX - Grand Prairie Man Admits Role in Counterfeit Goods Trafficking Conspiracy

A 31-year-old, Grand Prairie, Texas, man, Evan Patterson, pleaded guilty today in federal court before U.S. Magistrate Judge Irma C. Ramirez to his role in a conspiracy to traffic counterfeit goods, announced U.S. Attorney John Parker of the Northern District of Texas.

Patterson, who remains on

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DC Comics v. MARK TOWLE, an individual, DBA Garage Gotham

SUMMARY**
Copyright / Trademark
The panel affirmed the district court’s summary judgment in a copyright and trademark infringement action brought by
DC Comics against a maker of Batmobile replicas. The panel held that the Batmobile, as it appeared in the
Batman comic books, television series, and motion picture, was entitled to copyright protection because this automotive
char

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United States of America v. Octavio Cesar Sana

San Diego, CA - Imperial Business Owner Admits Trafficking in Millions of Dollars of Counterfeit Cell Phone Parts

Imperial Valley businessman Octavio Cesar Sana, a Spanish national with legal U.S. residency, pleaded guilty today to running a years-long conspiracy to traffic in millions of dollars of counterfeit Chinese cell phone parts.

Sana pleaded guilty before U.S. Magistrate

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Elizabeth Beaulieu v. State of Vermont

3 Plaintiffs, who are 704 current and former employees of the State of Vermont, appeal from
4 the dismissal of the action by the United States District Court for the District of Vermont
5 (Sessions, J.) by reason of Vermont’s sovereign immunity. The complaint alleges violations of the
6 Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq. (“FLSA”), and seeks declaratory and
7

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Brand Marketing Group LLC v. Intertek Testing Services NA

Brand is a small company founded in 2004 by David Brand.1 Until about 2008, Brand sold vent-free heaters— products that provide gas heat without having to vent outdoors—made by a company called ProCom. At that point, Brand began developing the Thermablaster, a vent-free heater that purportedly improved on ProCom’s design.
Through some industry contacts, Brand was introduced to a Chinese com

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Ameritox, Ltd. v. Millennium Laboratories, Inc.

In this three-year high-stakes litigation—a case that “[t]he [medical] industry is watching,” Ameritox assured the jury—the parties tried various state statutory and common law unfair competition claims predicated upon the alleged violation of two federal statutes that provide no private right of action. The parties, however, did not realize that it was an open question whether or not any of the n

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Innosys v. Mercer






¶4 In January of 2008, immediately following Amanda Mercer‘s graduation from the University of Utah, InnoSys hired her as an engineer. Per its standard practice, InnoSys had Mercer sign a non-disclosure agreement (NDA). By signing, Mercer promised not to ―copy, transm

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Bais Yaakov of Spring Valley v. ACT, Inc.

On certified interlocutory
review under 28 U.S.C. § 1292(b), we hold that a rejected and
withdrawn offer of settlement of the named plaintiff's individual
claims in a putative class action made before the named plaintiff
moved to certify a class did not divest the court of subject matter
jurisdiction by mooting the named plaintiff's claims.
I. Background
ACT, Inc., is a

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B & B Hardware v. Hargis Industries

This matter is on remand from the United States Supreme Court, see B & B
Hardware, Inc. v. Hargis Indus., Inc., 135 S. Ct. 1293 (2015). The Court has directed
us to apply this rule: “So long as the other ordinary elements of issue preclusion are
met, when the usages adjudicated by the TTAB are materially the same as those
before the district court, issue preclusion should apply.” I

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Duarte Nursery v. Cal. Grape Rootstock Improvement Comm

Plaintiff Duarte Nursery, Inc., sells grape rootstock, the part of grapevines that becomes the root system. (Food & Agr. Code, §§ 74718, 74725; undesignated statutory references are to this Code.) Plaintiff challenges mandatory assessments it must pay to the California Grape Rootstock Improvement Commission to help fund research for pest-resistant and drought-resistant rootstock. (§§ 74701-7479

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Hustler Cincinnati, Inc. v. Paul Cambria, Jr.

The Hustler enterprise is a media conglomerate that publishes
sexually explicit magazines, operates retail stores, and manages a clothing line, among many
other ventures. It also started as a family business. Brothers Jimmy and Larry Flynt opened the
first Hustler nightclub together in 1969, and many members of the Flynt clan have worked in the
Hustler enterprise over the years. Bu

More...   $0 (08-14-2015 - OH)

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