Quantcast

Tag Archives: Trademark Infringement

Intellectual Property – Trademark Infringement – Civil Practice – Res Judicata & Collateral Estoppel (access required)

Georgia-Pacific Consumer Products LP v. Von Drehle Corp. Plaintiff has filed a number of suits around the country alleging that defendant or its distributors infringed plaintiff’s trademark when they sold paper towels designed to fit into plaintiff’s enMotion paper towel dispensers. Plaintiff’s claim in this case is precluded by decisions in other courts that defendant’s actions did not infringe plaintiff’s trademark.

Read More »

Intellectual Property – Trademark Infringement – Radio Farm News – Other Uses – Laches Defense (access required)

Ray Communications Inc. v. Clear Channel Communications Inc. Although plaintiff communications company, which registered the Agrinet service mark in 1972 and has used it for radio broadcast of farm news, acknowledges it permitted certain uses of the Agrinet mark in some local markets by predecessors of defendant Clear Channel Inc., the district court erred in granting defendant summary judgment on the ground of laches to plaintiff’s trademark infringement suit.

Read More »

Civil Practice – Venue – Transfer – ‘First-Filed’ – Special Circumstances – Settlement Negotiations – Breakdown – Intellectual Property – Trademark & Copyright Infringement (access required)

Family Dollar Stores, Inc. v. Overseas Direct Import Co. (Lawyers Weekly No. 11-04-0103, 9 pp.) (Richard L. Voorhees, J.) W.D.N.C. Holding: The parties were engaged in settlement discussions, and when those settlement discussions broke down, it was reasonable for plaintiff ...

Read More »

Intellectual Property – Trademark-Infringement Claim – Priority – Prior Use – Corporate Dissolution – Federal Registration – Abandonment (access required)

Daniel Group v. Service Performance Group, Inc. Even though defendant's predecessor-in-interest, an Illinois corporation, was dissolved for nearly five years before defendant was incorporated in North Carolina, the shareholders of both corporations continued to use the . . .

Read More »

Ethics Committee nixes lawyer’s Web marketing strategy (access required)

Internet marketing is nothing new, but a few attorneys in North Carolina are trying a tactic that has caught the attention of the N.C. State Bar. It works like this: A lawyer purchases a keyword or a phrase though Google's AdWords service so that when a consumer types in that keyword or phrase, the attorney's ad pops up on the screen along with the search engine results. Attorney J. Mark Wilson (pictured) believes the marketing tactic could lead to possible trademark infringement cases.

Read More »