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Recent Law Watch ResultsLoislaw LawWatch is provided as a service of Loislaw.com, a division of Aspen Publishing. Loislaw LawWatch provides access to recent cases based on the search criteria provided by your section. The search criteria may be by area of practice, by court, and /or by date. The NYSBA also provides a basic level of free legal research to all members. You may access free legal research from Loislaw through your MyNYSBA page or through For Attorneys. trade dress - trade dressSTUDENT LIFELINE, INC. v. STATE, 110129 (8-10-2007) 110129. Decided August 10, 2007. During January 2005, defendants moved to dismiss the state claim. The motion was resolved by agreement of the parties and the court ordered a stipulation of conditional dismissal (Hard, J.) dated October 7, 2005. The parties agreed to dismiss the claim, but provided for its reactivation conditioned upon the status of the federal court action. During November 2005, the United States District Court for the Eastern District of New York (Seybert, J.) granted partial summary judgment to defendants therein ... "In or about May 2004, a New York State senator, . . . contacted Claimant for the purpose of purchasing via ad sponsors plaintiff's National Child I.D. Kits.TM After Claimant furnished its products to defendants, a State Senate representative stated they no longer required [Claimant's] services' and then willfully reproduced and distributed unauthorized copies of Claimant's products in violation ... copyright - copyright P/KAUFMANN v. TOWN & COUNTRY LINEN CORP., 0602066/2007 (2-22-2008) 0602066/2007 February 22, 2008. In this action, plaintiff P/Kaufmann, Inc. ("P/Kaufmann") sues defendant Town ~amp~ Country Linen Corp. ("Town ~amp~ Country" or "T~amp~C") for breach of contract, an accounting, unjust enrichment, and unfair competition. Town ~amp~ Country interposes counterclaims sounding in fraud, breach of warranty, breach of contract, unjust enrichment, and failure of consideration, and seeks rescission. Defendant Town ~amp~ Country moves to dismiss Counts IV and V of the Complaint for unfair competition and unjust... Background The factual background in this case involves an agreement concerning a shower curtain pattern. The parties are both in the wholesale business involving fabrics for home furnishing products that include draperies, tablecloths and shower curtains. In 2002, plaintiffs... intellectual property - intellectual property TOUCHCOM v. BERESKIN & PARR, 2008-1229 (Fed. Cir. 10-6-2008) No. 2008-1229. October 6, 2008. B~amp~P is a Canadian intellectual property firm, and Frost is a patent agent who works for B~amp~P. Frost prepared a series of patent applications for Touchcom that resulted in the issuance of a United States patent. Touchcom sued Dresser, Inc. in 2003 alleging that Dresser infringed its patent. Touchcom, Inc. v. Dresser, Inc., 427 F. Supp. 2d 730 (E.D. Tex. 2005). Wildman Harrold represented Touchcom in the Dresser Page 2 lawsuit. In the course of that litigation, Dresser deposed Frost. The parties do... After the district court ruled that the patent was invalid, Touchcom brought the instant suit alleging malpractice on the part of B~amp~P and Frost in preparing and filing the patent application. In the district court, B~amp~P and Frost moved to disqualify Touchcom's counsel. The... patent - patent MEDEGEN MMS v. ICU MEDICAL, 2008-1114 (Fed. Cir. 11-20-2008) No. 2008-1114. DECIDED: November 20, 2008. The patent discloses several embodiments having different types of plugs, which can be characterized as either a sliding-type plug, or a collapsible-type plug. The collapsible-type plug collapses like an accordion as the syringe is inserted into an inlet valve, thereby reducing the volume of the internal chamber. See, e.g., `418 patent Fig.3. The sliding-type plug, exemplified in Figures 1 and 2, includes an elastomeric proximal portion that buckles and rotates when the syringe is inserted into the ... In May 2001, Medegen brought this action against ICU, alleging infringement of the `418 patent by ICU's CLC2000 Connector. In response, ICU asserted several affirmative defenses, including invalidity of the `418 patent. Because ICU's invalidity defense relied on several prior art... Lanham Act - Lanham Act TIME WARNER CABLE v. DIRECTV, 07-0468-cv (2nd Cir. 2007) No. 07-0468-cv. Decided: August 9, 2007. Simpson: Y'all ready to order? Hey, 253 straight days at the gym to get this body and you're not gonna watch me on DIRECTV HD? Captain Kirk: What, I can't use that line? A court may, of course, construe and parse the language of the advertisement. It may have personal reactions as to the defensibility or indefensibility of the deliberately manipulated words. It may conclude that the language is far from candid and would never pass muster under tests otherwise applied - for example, the Securities Acts' injunction that "thou shalt disclose"; but the court's reaction Page 17 is at best not determinative and at worst irrelevant. The question in such cases is - what does ... |
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