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Yearly Archives: 2013

Cause of defendant’s behind-the-wheel blackout questioned – $1,150,000 Settlement (access required)

Plaintiff was driving on High Street in Portsmouth when the defendant, who was driving in the scope of his employment, crossed over the center line striking the plaintiff’s vehicle. The defendant contended that he had an unforeseen medical emergency causing ...

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Service of Process Needed Before Remand (access required)

In plaintiff’s suit against multiple defendants, including Suntrust Bank, over an Employee Stock Ownership Plan, the Richmond U.S. District Court orders plaintiff to effect service of process on non-diverse defendants, prior to entertaining defendant’s motion to remand the suit to ...

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Trademark Fraud Claims Not Plausible (access required)

In plaintiff’s suit seeking cancellation of a trademark related to a “SHUSTOV” mark for alcoholic beverages and spirits, plaintiff has failed to allege specific facts to support its fraud claims and the Alexandria U.S. District Court dismisses plaintiff’s suit with ...

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No Trademark for ‘PROBIOTIC’ Fertilizer Term (access required)

An Alexandria U.S. District Court upholds the Patent and Trademark Office’s denial of registration for the term “PROBIOTIC” on the grounds that the term is generic in connection with fertilizer and, alternatively, the term at best is descriptive and has ...

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Guarantor Personally Liable Under Note ‘Carve-Out’ (access required)

A non-recourse promissory note guaranteed by defendants has a “carve-out” that covers transfer such as liens that arose when defendant failed to pay city utility bills on the apartment complex purchased with the $8.3 million loan, and this makes defendants ...

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