• Emerson Radio Corp. v. Emerson Quiet Kool Co. LTD

    Publication Date: 2023-10-16
    Practice Area: Trademarks
    Industry: Electronics | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Stacey A. Scrivani, Stevens & Lee, P.C., Wilmington, DE; Mark H. Anania, Stevens & Lee, P.C., Lawrenceville, NJ; Bobby Ghajar, Cooley LLP, Santa Monica, CA for plaintiff.
    for defendant: Timothy Devlin, Clifford Chad Henson, Devlin Law Firm LLC, Wilmington, DE for defendants.

    Case Number: 20-1652-GBW

    Finding that defendants had intentionally misled buyers and had made false representations about defendants' association with plaintiff, and that defendants had engaged in a pattern of delay and lack of representation, the court concluded that the case was exceptional both on the merits and because of the unreasonable manner in which defendants had litigated the case.

  • Emerson Radio Corp. v. Emerson Quiet Kool Co. Ltd.

    Publication Date: 2023-07-24
    Practice Area: Trademarks
    Industry: Consumer Products | Electronics | Manufacturing
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Shwartz
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1809

    District court did not abuse its discretion by granting default judgment where defendants engaged in culpable, dilatory conduct that included losing multiple law firms due to failure to cooperate or pay and repeatedly submitting untimely responses to discovery request, causing substantial delay in the litigation that prejudiced plaintiff.

  • Diamond State Door, LLC v. Diamond State Pole Bldg., LLC

    Publication Date: 2023-06-06
    Practice Area: Trademarks
    Industry: Construction | Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Thomas H. Kramer, Anthony N. Delcollo, Offit Kurman, P.A., Wilmington, DE for plaintiff.
    for defendant: John C. Andrade, Elio Battista, Jr., Kyle F. Dunkle, Parkowski, Guerke & Swayze, P.A., Dover, DE for defendant.

    Case Number: 21 -1258-RGA

    Geographically descriptive mark was not protectable where lack of advertising, limited customer base, and lack of evidence of consumer confusion demonstrated that the mark had not acquired a secondary meaning.

  • Rockwell Automation, Inc. v. EU Automation, Inc.

    Publication Date: 2022-11-08
    Practice Area: Trademarks
    Industry: Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Dominick T. Gattuso, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Paul Tanck, Neal McLaughlin, Alston & Bird LLP, New York, NY for plaintiff.
    for defendant: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Edward F. Maluf, Jeremy A. Cohen, Owen R. Wolfe, Jeremy Schachter, Seyfarth Shaw LLP, New York, NY for defendants.

    Case Number: 21-1162 (MN)

    Motion to transfer venue granted where alleged conduct took place nationally and defendant's preferred forum was much more convenient for both parties, while the current court had a substantially more congested docket.

  • Sebela Pharm., Inc. v. TruPharma, LLC

    Publication Date: 2022-09-20
    Practice Area: Trademarks
    Industry: Manufacturing | Pharmaceuticals
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Greenaway
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-2737

    Court affirmed the District Court's ruling granting a motion to dismiss a complaint brought under the Lanham Act.

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  • Rockwell Automation, Inc. v. EU Automation, Inc.

    Publication Date: 2022-09-06
    Practice Area: Trademarks
    Industry: Distribution and Wholesale | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Dominick T. Gattuso, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Paul Tanck, Neal McLaughlin, Alston & Bird LLP, New York, NY for plaintiff.
    for defendant: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; Edward F. Maluf, Jeremy A. Cohen, Owen R. Wolfe, Jeremy Schachter, Seyfarth Shaw LLP, New York, NY for defendant.

    Case Number: D69945

    Defendant in trademark infringement action was subject to specific personal jurisdiction where it actively undertook sales of infringing goods into the jurisdiction, even though such sales only represented a small fraction of defendant's overall revenue.

  • Rath v. Vita Sanotec, Inc.

    Publication Date: 2020-10-28
    Practice Area: Trademarks
    Industry: Consumer Products
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Enrique D. Arana Carlton Fields, P.A., Miami, FL for plaintiffs.
    for defendant: Richard D. Heins, Tiffany Geyer Lydon, Ashby & Geddes, Wilmington, DE

    Case Number: D69169

    The court awarded attorney fees to plaintiff in this trademark matter, because it was an exceptional case and defendant had litigated the action in an unreasonable manner.

  • New Balance Athletics, Inc. v. USA New Bunren Int'l Co. Ltd. LLC

    Publication Date: 2020-10-07
    Practice Area: Trademarks
    Industry: Consumer Products
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Arthur G. Connolly, III, Ryan P. Newell, Stephanie Smiertka Riley, Connolly Gallagher LLP, Wilmington, DE; Thomas L. Holt, Jeremy L. Buxbaum, Perkins Coie LLP, Chicago, IL for plaintiff.
    for defendant: Dennis J. Butler, John D. Simmons, Panitch Schwarze Belisario & Nadel LLP, Wilmington, DE; Timothy T. Wang, Ni, Wang & Massand, PLLC, Dallas, TX for defendant.

    Case Number: D69145

    The court awarded treble damages for trademark infringement, but it denied plaintiff's request for an award of attorney fees.

  • GOLO, LLC v. Goli Nutrition Inc.

    Publication Date: 2020-09-16
    Practice Area: Trademarks
    Industry: Consumer Products | Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Chad S. C. Stover, Barnes & Thornburg LLP, Wilmington, DE; John Gabrielides and Genevieve E. Charlton, Barnes & Thornburg LLP, Chicago, IL; Caitlin R. Byczko, Barnes & Thornburg LLP, Indianapolis, IN for plaintiff;
    for defendant: Brian A. Biggs, DLA Piper LLP, Wilmington, DE; Tamar Y. Duvdevani and Kerry A. O’Neill, DLA Piper LLP, New York, NY; Safraz W. Ishmael, DLA Piper LLP, Boston, MA for defendant.

    Case Number: D69119

    Motion for preliminary injunction in trademark infringement case denied where plaintiff's mark had failed to develop sufficient distinctiveness or market awareness such that there would be a likelihood of confusion caused by defendant's use of its mark.

  • beIN Media Group LLC v. bein.qa

    Publication Date: 2020-01-08
    Practice Area: Trademarks
    Industry: Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Rodger D. Smith II, Michael J. Flynn, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Peter H. Kang, Ash Nagdev, Sidley Austin LLP, Palo Alto, CA; Theodore W. Chandler, Sidley Austin LLP, Los Angles, CA for plaintiff.
    for defendant: N/A

    Case Number: D68830

    Default judgment granted where party that had registered infringing internet domain had delayed resolution of the case by failing to comply with the terms of the parties' settlement agreement and failed to otherwise appear or file an answer in the action.