Trademark Law
 
Quality Inns International, Inc. v. McDonald's Corporation

MEYER, District Judge.

On September 21, 1987, Quality Inns International, Inc. announced a new chain of economy hotels to be marketed under the name "McSleep Inn." The response of McDonald's Corporation was immediate. It demanded by letter sent three days later that Quality International not use the name "McSleep" because it infringed on McDonald's family of marks that are characterized b

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Planned Parenthood of Greater Ohio v. Lance Himes Sixth Circuit Court of Appeals for the Sixth Circuit

Enacted in 2016, Ohio Revised Code § 3701.034
requires the Ohio Department of Health (ODH) to ensure that all funds it receives through six
non-abortion-related federal health programs are not used to contract with any entity that
performs or promotes nontherapeutic abortions, or becomes or continues to be an affiliate of any
entity that performs or promotes nontherapeutic abortion

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The Maids International, Inc. . v. Maids on Call, LLC et al. Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Omaha, NE - The Maids International, Inc. sued Maids on Call, LLC et al. on a trademark infringement theory.

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Janet Hodgin v. UTC Fire & Security Americas, Corporation, Inc.; Honeywell International Incorporated Northern District of West Virginia Federal Courthouse - Clarksburg, West Virginia

Plaintiffs-Appellants sued UTC Fire & Security Americas Corporation, Inc., and Honeywell International, Inc., under the Telephone Consumer Protection Act (the “TCPA”), 47 U.S.C. § 227. Although Plaintiffs did not allege that UTC and Honeywell directly violated the TCPA, they claimed that both companies were vicariously liable for illegal calls made by telemarketers promoting UTC and Honeywell prod

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Eleanor Licensing, LLC v. Classic Recreations, LLC

Following a four-day bench trial, the court entered
judgment in favor of Eleanor Licensing LLC and Denice
Shakarian Halicki and against Classic Recreations, LLC, T&D
Motor Company, Jason Engel and Tony Engel (collectively
Classic), ordering that Eleanor Licensing retain possession of a
vehicle identified as “Eleanor No. 1,” which had been
manufactured by Classic pursuant to

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Judith Gentry v. East West Partners Club Management Company, Inc. Western District of North Carolina Federal Courthouse - Asheville, North Carolina

After her employment was terminated, Appellant Judith Gentry sued her former employers for disability discrimination under the Americans with Disabilities Act (ADA) and for other violations of state and federal law. A jury found in favor of Gentry on certain state law claims, for which it awarded her $20,000 in damages, and in favor of the employers on all other claims. On appeal, Gentry challenge

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Linde, et al. v. Arab Bank, P.C. Eastern District of New York Courthouse - Brooklyn, New York

The sixteen named plaintiffs on this consolidated appeal are
victims, or the relatives of victims, of three terrorist attacks
perpetrated in Israel by Hamas between March 2002 and June 2003.
Together with hundreds of other alleged victims and the surviving
relatives of victims of alleged Hamas attacks, the named plaintiffs
commenced actions in the United States District Court f

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Natasha Mueller and SCoot Mueller v. Apple Leisure Corporation d/b/a Apple Leisure Group, Apple Vacations, L.L.C., AM Resorts, LLC and Am Resorts, L.P. Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

Natasha Mueller suffered a severe bout of food poisoning after she was served contaminated fish at a resort in the Dominican Republic while on her honeymoon. She and her husband sued several affiliated companies that sold and managed their vacation package. They filed their suit in federal court in the Eastern District of Wisconsin, where they live and purchased their trip. The vacation contract,

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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

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United States of America v. Abhishek Shukla and Harish Shabhai Panchal Southern District of Florida Courthouse - Miami, Florida

Miami, FL - Two Indian Citizens and India-based Corporation Plead Guilty to Conspiring to Smuggle Counterfeit Cigarettes

Abhishek Shukla and Harish Shabhai Panchal, both citizens of India, entered guilty pleas, along with the India-based company, Jubilee Tobacco Industries Corp., to conspiring to smuggle counterfeit cigarettes into the United States.

Benjamin G. Greenberg, United

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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

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Animal Legal Defense Fund, et al. v. Lawrence G. Wasden District of Idaho Federal Courthouse - Boise, Idaho

Investigative journalism has long been a fixture in the American press, particularly with regard to food safety.1 In the early 1900s, Upton Sinclair highlighted conditions in the meat-packing industry in The Jungle, a novel based on his time working incognito in a packing plant.2 This case also originates in the agricultural sector�a secretly-filmed expos� of the operation of an Idaho dairy fa

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Wandering Dago Inc. v. New York State Office of General Services et al. United States Court of Appeals for the Second Circuit Court of Appeals - New York, New York

New York, NY Plaintiff‐appellant Wandering Dago, Inc., (“WD”) operates a food truck and
32 brands itself and the food it sells with language generally viewed as ethnic slurs.
33 Defendants‐appellees are officials within the New York State Office of General Services
* Judge Carol Bagley Amon, of the United States District Court for the Eastern District of
New York, sitti

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Juan Acra, Secner USA, LLC, Secner HR S.A. DE C.V. and North American Secner Holdings, LLC v. Giovanni Bonaudo and Maria Jilma Maldonado Dallas County Courthouse - Dallas, Texas

The underlying cause of action in this appeal stems from a business dispute among Juan Acra, Giovanni Bonaudo, and Bonaudo’s wife, Maria Jilma Maldonado. The dispute concerns services Bonaudo provided Acra and the corporate appellants, businesses controlled by Acra. The final judgment awards Giovanni Bonaudo, in relevant part, $403,488.72 in compensatory damages. The judgment is against appellants

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United States of America v. Xavier L. Johnson Eastern District of California Federal Courthouse - Sacramento, California

Sacramento, CA - Sacramento Man Sentenced to Prison for Criminal Trademark Infringement

Xavier L. Johnson, 37, of Sacramento, was sentenced December 15, 2017 by U.S. District Judge Garland E. Burrell Jr. to two years and six months in prison and three years of supervised release for trafficking in goods bearing counterfeit trademarks, U.S. Attorney Phillip A. Talbert announced.

A

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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

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United States of America v. Mark Edward Brewster, M.D. Western District of Michigan Federal Courthouse - Grand Rapids, Michigan

Grand Rapids, MI - Adam B. Townshend and Raymond E. Beckering III.

Mark Edward Brewster, M.D., of Traverse City, Michigan, was sentenced to 10 months’ incarceration following his guilty plea to writing fraudulent prescriptions to obtain controlled substances. Brewster will also pay restitution to Blue Cross Blue Shield of Michigan, which paid for a number of Brewster’s fraudulent prescrip

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The Traveler's Property Casualty Company of America v. Actavis, Inc.

The United States faces an epidemic of addiction, overdosing, death, and
other problems brought on by the increasing use and abuse of opioid painkillers. This
epidemic has placed a financial strain on state and local governments dealing with the
epidemic’s health and safety consequences. To seek redress for the opioid epidemic, the
County of Santa Clara and the County of Orange bro

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Wayne Oliver v. Campbell-McCormick, Inc. Fourth Circuit Court of Appeals Courthouse

In these proceedings, plaintiff Wayne Oliver filed a complaint in Maryland state court alleging asbestos exposure claims against, among other defendants, Campbell-McCormick, Inc. (“CMC”). In response, CMC filed a third-party complaint against several entities, including General Electric Company (“GE”). GE then removed the litigation to the District of Maryland, prompting Oliver to move to sever hi

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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

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BRE DDR BR Whittwood CA, LLC v. Farmers and Merchants Bank of Long Beach

When a shopping center tenant defaulted on a secured
loan, the lender took possession of the premises through
foreclosure and transferred its interest to a third party.
Later, the third party surrendered the premises. The
landlord filed this action against the lender to enforce the
lease obligations, including payment of rent for the full lease
term. The trial court granted

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United States of America v. Artashes Darbinyan Federal Courthouse - Los Angeles, California

Los Angeles, CA - California Man Sentenced to Prison for Perpetrating Trademark Scam

A California man was sentenced to prison on August 21, 2017 for his role as the mastermind of a $1.66 million mass mailing scam aimed at trademark holders. The former manager of a Wells Fargo branch in Glendale, California, and his associate were also sentenced to prison for their roles in laundering the

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Steven J. Trazaska v. L'Oreal USA, Inc.; L'Oreal, S.A.

Steven J. Trzaska was an in-house patent attorney for
L’Oréal USA, Inc. (“L’Oréal USA”), a cosmetics company.
It fired him, he alleges, for his refusal to violate various
ethical rules that govern the legal profession. He asserts that
this action violated New Jersey employment law, as one
cannot be fired for refusing to violate regulations or public
3
policy at the ins

More...   $0 (08-01-2017 - NJ)

Global Tel*Link Corporation v. Securus Technologies, Inc.

Global Tel*Link Corporation (“GTL”) moved to dismiss a suit brought by Securus Technologies, Inc. (“Securus”) based on the provisions of the Texas Citizen’s Protection Act (“TCPA”). Securus responded asserting the commercial speech exception applied to its suit or, in the alternative, it had clear and convincing evidence to support the claims asserted. Following a hearing, the trial court denied G

More...   $0 (08-01-2017 - TX)

Parks, LLC v. Tyson Foods, Inc.; Hillshire Brands Company Federal Courthouse - Philadelphia, Pennsylvania

This case concerns a trademark that once enjoyed widespread recognition but has since grown considerably weaker. Since the 1950s, Parks Sausage Company has manufactured or licensed sausage under the brand name “PARKS.”1 At one point, PARKS was placed on the Principal Register of trademarks at the United States Patent and Trademark Office (“USPTO”), but, sometime in the early 2000s, Parks failed to

More...   $0 (07-24-2017 - PA)

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