(Aviation attorney) Coyne’s & Co., Inc. v. Enesco, LLC
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(U.S. 8th Cir., Commercial Law, Contracts, Copyright, Injury And Tort Law, Intellectual Property, Trade Secrets, Trademark) In a suit related to the early termination of a distributor agreement, denial of a preliminary injunction is affirmed where plaintiff could not demonstrate a likelihood of success on its claims since the distributor agreement was no longer in effect, and defendant’s termination of the agreement did not fall under the Minnesota Franchise Act’s termination requirements since plaintiff had never paid defendant a franchise fee.
Taco Bell Corp. v. TBWA Chiat/Day Inc.
(U.S. 9th Cir., Contracts, Entertainment Law, Food & Beverages, Intellectual Property, Media Law, Remedies) In a suit against an advertising agency seeking indemnification for damages entered against plaintiff in a suit based on plaintiff’s breach of an implied contract for using a third party’s Chihuahua character in advertising developed by defendant, summary judgment for defendant is affirmed where the evidence only showed fault for the previous liability on the part of plaintiff, thus defendant owed no duty to indemnify.
In re TS Tech USA Corp.
(U.S. Fed. Cir., Civil Procedure, Intellectual Property, Patent, Transportation) In a patent infringement action relating to pivotally attached vehicle headrest assemblies, petition for writ of mandamus to vacate decision denying petitioner’s motion to transfer venue and to direct district court to transfer case to another state is granted where: 1) petitioner met its difficult burden of establishing that the district court clearly abused its discretion in denying transfer of venue to the Southern District of Ohio; and 2) mandamus relief was appropriate.
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February 12, 2009 3:00 am
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