Trademark Law
 
United States of America v. Robert Berg Enterprises, Inc., d/b/a “Berg Sportswear”

Bangor, ME - Maine Corporation Fined $10,000 for Counterfeit Goods Trafficking

Robert Berg Enterprises, Inc., d/b/a “Berg Sportswear” of Corinna, Maine was fined $10,000 today in U.S. District Court by Judge John A. Woodcock, Jr. for trafficking in counterfeit goods. The defendant was also placed on probation for one year and ordered to pay $11,855.67 in restitution. The defendant plea

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American Freedom Defense v. King County

Defendant King County’s public transit agency, Metro,
operates an extensive public transportation system in the
greater Seattle metropolitan area, with the primary purpose of
providing safe and reliable public transportation. Like many
transit agencies, Metro finances its operations in part by
selling advertising space, including on the exteriors of its
buses. Advertisement

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Benihana of Tokyo Inc v. Benihana Inc

We only need summarize the facts of this case. Rocky Aoki founded appellant
Benihana of Tokyo, Inc. in 1963. The success of the Benihana undertaking led appellant
to open numerous Benihana restaurants. Though the parties have set forth the Benihana
corporate history at length in their briefs, it is sufficient for our purposes to indicate that
the Benihana interests subsequen

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DUTY FREE AMERICAS, INC. vs. THE ESTEE LAUDER COMPANIES, INC.

The essential facts contained in DFA’s complaint and its attached exhibits
are these. DFA operates many duty free stores in American airports with
international terminals. DFA is one of approximately ten major operators of duty
free stores in the United States. DFA currently holds leases in thirteen
international airports located in eleven cities: New York (JFK and LaGuardia

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AKEBIA THERAPEUTICS, INC. v. FIBROGEN, INC.

Respondent FibroGen, Inc., appeals the district court’s order granting an ex parte application, filed by Petitioner Akebia Therapeutics, Inc., pursuant to 28 U.S.C. § 1782, for discovery in aid of foreign proceedings. The district court held, among other things, that Akebia was an “interested person” within the meaning of § 1782 and that the Japanese and European Patent Offices are “tribunals” to

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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

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Ross W. Greene v. The Center for Collaborative Problem Solving, Inc.

Dr. Ross W. Greene ("Greene")
developed a method of treating children with explosive behaviors
known as the Collaborative Problem Solving ("CPS") Approach.
Greene advanced this method through his work at the Massachusetts
General Hospital ("MGH") Department of Psychiatry, his unaffiliated
private practice, and workshops and publications, including a book
he wrote himself ca

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Arborjet, Inc. v. Rainbow Treecare Scientific Advancements, Inc.

This appeal challenges a
preliminary injunction meant to enforce a contractual agreement
and prohibit a trademark violation. We affirm in part and reverse
in part.
I.
Plaintiff-Appellee Arborjet, Inc. manufactures and sells
TREE-age, an emamectin benzoate solution used to protect trees
from various pests. Through the period from August 2008 to
February 2013, Arborje

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Paul B. Tartell, M.C. v. South Florida Sinus and Allergy Center, Inc. and Lee M. Mandel, M.D.

This appeal requires us to decide whether the district court clearly erred when it found that a physician’s name had acquired “secondary meaning,” Tana v. Dantanna’s, 611 F.3d 767, 774 (11th Cir. 2010) (internal quotation marks omitted). Dr. Paul B. Tartell and Dr. Lee M. Mandel jointly practiced medicine in South Florida until 2011. After they split their practices, Dr. Mandel registered

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Chris E. Carhart v. Carhart-Halaska International, LLC

Karl Marx famously remarked that
“all great world‐historic facts and personages appear 

twice 
: the first time as tragedy [Napoleon I], the second
time as farce [the great Napoleon’s nephew, Napoleon III].”
William Gaddis reversed the sequence in his satirical law
novel A Frolic of His Own (1994). At the beginning of the
novel the protagonist, while standing i

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John Dewey Holt v. Kamagon Fitness, Karen L. Reed, Mark Reed and Hedstrom PLastics, Inc.

Tulsa, OK - John Dewey Holt sued Kamagon Fitness, Karen L. Reed, Mark Reed and Hedstrom PLastics, Inc. on fraud, breach of contract, intentional infliction of emotional distress, libel and tortious interference with contract theories claiming:

2. That upon information and belief, Kamagon Fitness LLC was and is a domestic limited liability corporation located in Tulsa County, State of Okl

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United States of America v. Kayed Masoud and Ahmad Alnaasan

LAKE CHARLES, La. – Two Lake Charles retail store owners pleaded guilty to selling more than 800 counterfeit items.
Kayed Masoud, 31, and Ahmad Alnaasan, 42, both of Lake Charles, entered conditional guilty pleas to one count of trademark infringement to U.S. Magistrate Judge Kathleen Kay. The pleas will become final when accepted by U.S. District Judge Patricia Minaldi. According to eviden

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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

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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

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United States of America v. Graciela Haydee Balderrama-Acevedo

HOUSTON, TX – Graciela Haydee Balderrama-Acevedo, 53, has pleaded guilty and was sentenced for her part in a conspiracy to sell counterfeit Samsung batteries.

At the hearing, the court heard from a representative of Samsung who explained Samsung takes pride in producing quality products. He noted that they take very seriously and are extremely concerned anytime counterfeit products, th

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Stephen Sedlock v. Timothy Baird

For many in this country, the practice of yoga is an entirely secular experience undertaken for reasons such as increasing physical flexibility, decreasing pain, and reducing stress. For others, the practice of yoga is a religious ritual, undertaken for spiritual purposes. In this case, we are required to determine whether a school district's institution of a yoga program as a component of its phy

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Joseph R. Willie, II v. Commission for Lawyer

Willie represented his client, Don Collis Houston Jr., after Houston was
indicted for possession of a controlled substance and bail jumping. After
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consulting with Willie, Houston signed a judicial confession and waiver of rights
as to both charged offenses on May 12, 2008; these documents also were signed by
Willie and the State’s attorney, Michael Mark. Houston then pleade

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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

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James Gils v. Minerl Resources Internatinal, Inc.

¶ 1 This appeal concerns a breach of fiduciary duty claim that was the subject of a successful summary judgment motion. Mineral Resources International, Inc. (MRI) challenges the district court’s grant of summary judgment in favor of James Giles and award of attorney fees to Giles. The district court ruled that MRI had not presented sufficient evidence of actual damages caused by the alleged br

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South Kingstown School Committee v. Joanna S.

The Individuals with Disabilities
Education Act, or IDEA, 20 U.S.C. § 1400 et seq., is a landmark
federal statute now twenty-five years old. It offers federal funds
to states that agree to provide protections to make sure disabled
children receive a "free appropriate public education." Id.
§ 1412(1). Rhode Island, where this case arose, accepted IDEA
funding and thus agre

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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

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Haley Colombo v. BRP US, Inc.

Defendants and appellants Bombardier Recreational Products, Inc. and BRP US Inc. (collectively BRP) appeal a jury verdict in favor of plaintiffs and respondents Haley Colombo and Jessica Slagel (hereafter referred to individually by first name or
2
collectively as plaintiffs). Because plaintiffs were not wearing a wetsuit bottom or similar protective clothing, Haley sustained serious and p

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United States of America v. Samuel Ascolese

Rapid City, SD - New York man convicted of Trafficking in Counterfeit Goods or Services was sentenced on October 17, 2014, by U.S. Chief Judge Jeffrey L. Viken, U.S. District Court.

Samuel Ascolese, age 45, was sentenced to 12 months and 1 day of imprisonment, 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $72,652.99 i

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Jon Davler, Inc. v. Arch Insurance Company

A group of employees brought an action against their employer, Jon Davler, Inc., for various employment claims, including sexual harassment, invasion of privacy, and false imprisonment. Jon Davler tendered the action to its insurer, Arch Insurance Company, which denied coverage based on an employment-related practices exclusion. After Jon Davler filed this insurance coverage action against Arch, t

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Taylor Patterson v. Domino's Pizza, LLC

Franchising, especially in the fast-food industry, has become a ubiquitous, lucrative, and thriving business model. This contractual arrangement benefits both parties. The franchisor, which sells the right to use its trademark and comprehensive business plan, can expand its enterprise while avoiding the risk and cost of running its own stores. The other party, the franchisee, independently owns, r

More...   $0 (08-28-2014 - CA)

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