(Tampa divorce attorney) Visible Sys. Corp. v. Unisys Corp.
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(U.S. 1st Cir., Attorney’s Fees, Government Law, Intellectual Property, Trademark) In a trademark infringement claim for reverse confusion, permanent injunction prohibiting defendant-Unisys from using trademarks or services of plaintiffs and damages award of $250,000 to plaintiff are affirmed over claims that: 1) the trial judge erred in not granting plaintiff a jury trial under both the Lanham Act and the Seventh Amendment on plaintiff’s claim for an accounting of defendant’s profits; 2) the court erred in tailoring the injunction too narrowly and in denying plaintiff attorneys’ fees; and 3) the evidence was insufficient to support both the jury’s finding of infringement and the damages awarded.
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.
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February 3, 2009 8:58 pm
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