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Lanham Act Law
 
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)

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)

Donald and Katrina Simmons v. City of Othello

Donald and Katrina Simmons appeal the summary judgment
dismissal of their lawsuit against the city of Othello, arising from the failure of a line
connecting their home to the city's main sewer line. Based on evidence that the failure
occurred in the portion of the line lying under a public alley traveled by heavy city
garbage trucks, the Simmonses contend they are entitled to a tri... More...
   $0 (06-27-2017 - WA)

David Elliott v. Google, Inc.

Between February 29, 2012, and March 10, 2012, Chris Gillespie used a domain name registrar to acquire 763 domain names that included the word “google.” Each of these domain names paired the word “google” with some other term identifying a specific brand, person, or product—for example, “googledisney.com,” “googlebarackobama. net,” and “googlenewtvs.com.”
4 ELLIOTT V. GOOGLE
Google, Inc. (... More...
   $0 (06-19-2017 - AZ)

United States of America v. Allise Jones Federal Courthouse - Alexandria, Virginia

Alexandria, VA - Woman Sentenced for Freddie Mac and Veterans Affairs ID Theft

A woman who used personally identifiable information stolen from employees of the Federal Home Loan Mortgage Corporation (Freddie Mac) and the Department of Veterans Affairs (VA) was sentenced today to 5 1/2 years in prison.

Allise Jones, 29, of Lanham, Maryland, was convicted by a federal jury on Febr... More...
   $0 (05-19-2017 - VA)

State of Oklahoma v. Michael Denton

Nowata, OK - Former Owasso Oklahoma Police Office Found Not Guilty On Assault Charge

The State of Oklahoma charged Michael Dewain Denton with:

1. ASSAULT AND BATTERY WITH DEADLY WEAPON

2. RECKLESS CONDUCT WITH FIREARM

Denton, an Owasso, Oklahoma police officer was involved in a high speed chase on June 14, 2015 that ended in the arrest of Cody Matthews. The... More...
   $0 (03-09-2017 - OK)

The Right Reverend Charles G. Vonrosenberg v. The Right Reverend Mark J. Lawrence

This dispute between two clergymen — each claiming to be the Bishop of The
Protestant Episcopal Church in the Diocese of South Carolina — comes to us a second
time. Bishop Charles G. vonRosenberg initiated this action, seeking declaratory and
injunctive relief. He alleges that Bishop Mark J. Lawrence has violated the Lanham Act
by falsely advertising himself to be the Bishop of the... More...
   $0 (02-22-2017 - SC)

Tulsa, OK - Cory Ketch, Cari Pounders and Estate of Jaquetta Lanham sued Ghassan Tawil, M.D., Tim Vanmeter, R.N., Gregory L. Wilson, D.O. and AHS Hillcrest Medical Center, LLC on medical negligence (medical malpractice) wrongful death theories claiming that Jacquetta Lanham died on July 13, 2011 during spinal surgery performed on her at Hillcrest Medical Center performed by Drs. Wilson and Ghassan... More...   $0 (01-25-2017 - OK)

Noice v. BNSF Ry. Co.

In January of 2009, Noice was conducting a BNSF train traveling from Clovis
4 to Belen. The train was pulled by four locomotives. At some point around 6:00 p.m.,
5 Noice ceded operation of the train to his assistant, John Royal. Noice exited the lead
6 locomotive and proceeded rearwards. Before leaving the lead locomotive, however,
7 Noice instructed Royal to “start pulling o... More...
   $0 (08-24-2016 - NM)

Purvi Patel v. State of Indiana

Consistent with our well-settled standard of appellate review, we recite the
relevant facts most favorable to the jury’s verdicts. Patel was born in the United
States to immigrants from India in September 1980. She lived in a home in
Granger with her parents and paternal grandparents, and she managed Moe’s, a
restaurant in Mishawaka owned by her father. In approximately Augu... More...
   $0 (07-23-2016 - IN)

Meredith Huffman v. Sunshine Recycling, LLC and Aiken Electric Cooperative, Inc.

On May 16, 2010, an unidentified black male broke into Aiken's Orangeburg facility. Shortly thereafter, a white Ford F-150 truck was seen leaving the facility's parking lot. The next day, Mark Goss, Aiken's Loss Control and Safety Coordinator, viewed the surveillance video and advised Deputy Maurice Huggins of the Orangeburg County Sheriff's Department that several pounds of solid copper and sever... More...   $0 (06-22-2016 - SC)

Brandy G. Hoebee v. State of Indiana

On February 10, 2012, the trial court entered judgment of conviction under
cause number 34D04-1109-FC-151 (“Cause No. 151”) for two counts of forgery
as class C felonies and sentenced Hoebee on each count to concurrent sentences
of six years with two years executed on in-home detention, the balance
suspended to supervised probation, and credit for 150 actual days served
aw... More...
   $0 (05-31-2016 - IN)

JAMES DEE LANHAM V. COMMONWEALTH OF KENTUCKY

Between the dates of January 15, 2012, through September 8, 2012, the
Appellant, James Dee Lanham committed a series of sexual assaults and other
sex crimes against three minor girls. The majority of the crimes involved a
young girl named Amy,' who was less than twelve years old when the crimes
occurred. The other two victims, Heather and Elizabeth, were less than sixteen
... More...
   $0 (05-06-2016 - KY)

JASON DICKERSON V. COMMONWEALTH OF KENTUCKY

On September 29, 2011, two-year-old Watson Adkins died as a result of
severe physical trauma to his abdomen, among other parts of his body. The
parties dispute the nature of the injury or injuries that ultimately caused the
boy's death, but it is largely indisputable that he suffered severe physical abuse
in the weeks or months leading up to his death.
The events leading t... More...
   $0 (03-17-2016 - KY)

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