Court denies plaintiff's motion for preliminary injunction on trademark and false advertising claims

Keurig, Incorporated v. Strum Foods, Inc., Civ. No. 10-841-SLR, March 10, 2011.

Robinson, J.  Plaintiff's motion for a preliminary injunction is denied. Defendant's motion to dismiss for failure to state a claim is denied.

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Motion to transfer to defendant's home turf is granted

Jennifer L. Brinkmeier and Tecnimed SRL v. Exergen Corporation, Civ. No. 10-176-SLR, January 3, 2011.

Robinson, J.  Defendant’s motion to transfer is granted.

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Statutory damages awarded to pro se plaintiff in anticybersquatting dispute

David John Carnivale v. Staub Design, LLC, John Staub, and David Staub, Civ. No. 08-764-SLR, December 13, 2010.

Robinson, J.  Court rules on bad faith after bench trial.

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Plaintiffs' bid for a TRO and preliminary injunctive relief fails

QVC, Inc. and Qhealth, Inc. v. Your Vitamins, Inc. d/b/a Procaps Laboratories, et al., Civ. No.10-094-SLR, July 27, 2010.

Robinson, J.  Plaintiffs' motion for a TRO, preliminary injunction and for expedited discovery is denied. Plaintiffs' motion to supplement their TRO/preliminary injunction motion to incorporate arguments relating to their amended complaint is also denied.

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Motion for reconsideration fails

Schering-Plough Healthcare Products, Inc. v. Neutrogena Corporation, Civ. No.09-642-SLR, July 15, 2010.

Robinson, J.  Defendant’s motion for reconsideration of partial summary judgment of liability is denied.

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Eardrop complaint survives motion to dismiss

Deston Therapeutics LLC, et al. v. Trigen Laboratories Inc. and Trisys Inc., Civil No.09-809 (JBS/KW) July 12, 2010.

Simandle, J.  (sitting by designation) Defendants’ motion to dismiss is denied.

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Limited additional evidence is permitted on motion to reconsider

Schering-Plough Healthcare Products, Inc. v. Neutrogena Corporation, Civ. No. 09-642-SLR, June 7, 2010.

Robinson, J.  Defendant's motion for reconsideration is granted. Defendant shall file a submission addressing only the additional evidence it seeks to present to rebut the presumption of consumer deception. Plaintiff may respond regarding disputes of the evidence submitted or positions represented.

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Partial summary judgment is granted on plaintiff's false advertising claim

Schering-Plough Healthcare Products, Inc. v. Neutrogena Corporation, Civ. No.09-642-SLR, May 18, 2010.

Robinson, J.  Plaintiff’s motion for partial summary judgment is granted.

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Antitrust claims are dismissed without prejudice pending appeal

IGT v. Bally Gaming International, Inc., et al., Civ. No.06-282-SLR, April 28, 2010.

Robinson, J.  Plaintiff’s renewed motion to dismiss antitrust counterclaims is granted without prejudice.

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American consumer deemed real loser in Lanham Act dispute

Schering-Plough Healthcare Products, Inc. v. Neutrogena Corporation, Civ. No.09-268-SLR, April 8, 2010.

Robinson, J.  The Court finds both parties’ advertising to violate the Lanham Act and the DTPA.

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Product's claim to Havana heritage is neither false nor misleading

Pernod Ricard USA LLC v. Bacardi U.S.A., Inc., Civ. No.06-505-SLR, April 6, 2010.

Robinson, J.  Plaintiff’s claims against defendant for false advertising under the Lanham Act are denied.

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Court declines to grant preliminary injunction

Schering-Plough Healthcare Products, Inc. v. Neutrogena Corporation, Civ. No.09-268-SLR, April 8, 2010.

Robinson, J.  Plaintiff's motion for a preliminary injunction is denied.

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Plaintiff wins on trademark claim; bad faith is left for trial

David John Carnivale v. Staub Design, LLC, John Staub, David Staub, Civ. No.08-764-SLR, March 31, 2010.

Robinson, J.  The court grants-in-part and denies-in-part plaintiff's motion for summary judgment and denies defendants' cross motion for summary judgment.

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Lanham Act and DTPA violations are found in sunscreen ads

Schering-Plough Healthcare Products, Inc. v. Neutrogena Corporation, Civ. No.09-268-SLR, March 15, 2010.

Robinson, J.  The court finds Lanham Act and DTPA violations after a bench trial and enters judgment in favor of plaintiff and also judgment in favor of defendant on its counterclaims.  The parties are directed to submit a proposed order for injunctive relief.

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Formulaic recitation of claims is insufficient to defeat dismissal motion under 12(b) (6).

LG Electronics U.S.A., Inc., et al., v. Whirlpool Corporation, C.A. No. 08-234-GMS, November 9, 2009.

Sleet, C. J.  
Court grants motion to dismiss certain counts alleged in Second Amended Complaint for failure to state a claim pursuant to 12(b)(6).

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Plaintiff fails to state a claim for false advertising under the Lanham Act

Robert Bosch LLC v. Pylon Manufacturing Corp., Civ. No. 08-542-SLR, July 9, 2009.

Robinson, J.  Defendant’s motion to dismiss plaintiff’s claims for false advertising arising under the Lanham Act is granted.

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Case is transferred to Arizona due to a hardship

L’Athene, Inc. v. Earthspring LLC et al., Civ. No. 08-114-SLR, August 7, 2008

Robinson, J.  Motion to dismiss is denied; motion to transfer is granted where litigation in Delaware would cause undue hardship to defendant given the small size of its company.

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Declaratory judgment action is dismissed due to no controversy alleged

Innovative Therapies, Inc., v. Kinetic Concepts, Inc., et al., CA No. 07-589-SLR-LPS, July 14, 2008.

Stark, M. J. Plaintiff’s motion to dismiss for lack of subject matter jurisdiction is granted.

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Pleading of false advertising claim results in dismissal

Pernod Ricard USA LLC v. Bacardi U.S.A., Inc., C.A. No. 06-505-SLR, August 21, 2007.

Robinson, J.  Defendant’s motion to dismiss a false advertising claim is granted.

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Claims for conversion and deceptive trade practices under Lanham Act not cognizable

Bavarian Nordic A/S, et al. v. Acambis, Inc, et al., No. 05-614-SLR, May 15, 2007.

Robinson, C.J.  The Court ruled in defendants’ favor and against plaintiffs on cross motions for summary judgment where plaintiffs failed to establish claims for conversion or violation of Lanham Act.

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Seed, not its resistant trait, is protected by the Lanham Act

Monsanto v. Syngenta Seeds, Inc., et al., No. 04-305-SLR, Aug. 4, 2006.

Robinson, J.  Syngenta’s motion to dismiss Monsanto’s counterclaims of reverse passing off and false advertising under the Lanham Act was granted.  Syngenta’s motion to dismiss Monsanto’s counterclaim alleging violations of the Delaware Deceptive Trade Practices Act was denied.  The disputed technology relates to glyphosate-tolerant corn.

 

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New Lanham Act claims added on eve of expert discovery claims permitted

Affinion Net Patents, Inc. v. Maritz, Inc., No. 04-360-JJF, June 8, 2006.

Farnan, J.  Plaintiff’s motion to amend complaint to assert Lanham claims and to dismiss counterclaims based on testimony that accused product was never implemented was granted.

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Case remanded to Chancery Court after dismissal of Lanham Act claims

Crown Packaging Technology, Inc. v. Albermarle Corp., Inc., No. 05-892-JJF, June 8, 2006.

Farnan, J.  Defendant’s motion to dismiss Lanham Act claims was granted.  Supplemental state court claims were remanded to the Court of Chancery.

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Court declined to dismiss, bifurcate or stay antitrust counts and permitted 4 patent claims to be added

Synopsys, Inc. v. Magma Design Automation, No. 05-701-GMS, May 25, 2006.

Sleet, J.  The Court denied plaintiff’s motion to dismiss 6 counts of defendant’s amended answer relating to the Sherman Act, Lanham Act and state law claims.  It further denied plaintiff’s motion to bifurcate or stay the antitrust claims from the patent claims.  Defendant’s motion to amend to add four counterclaims of patent infringement was granted.

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