An electronic cigarette company was entitled to a temporary restraining order freezing the PayPal accounts of unknown individuals selling counterfeit products bearing the company’s trademark on eBay because the company was likely to succeed on their claims of trademark infringement ...

Tagged with: Intellectual Property Judge Liam O'Grady U.S. District Court - Eastern District

Animal rights groups were not entitled to an injunction compelling the Fish and Wildlife Service to release proactively documents related to trophy imports of African elephants and lions under the Freedom of Information Act because the act only applies to ...

Tagged with: Administrative Judge Liam O'Grady U.S. District Court - Eastern District

An individual’s post-trial attack on his conviction for conspiring to distribute cocaine failed when the court held the government satisfied its discovery obligations. Background In October 2015, Arnulfo Fagot-Maximo and five co-conspirators were charged in a single count indictment with ...

Tagged with: Criminal Judge Liam O'Grady U.S. District Court - Eastern District

Because of their failure to respond to post-judgment discovery and an order requiring them to respond to the post-judgment discovery, two defendants must pay a daily fine to the court until they provide adequate discovery responses. Background After default judgment ...

Tagged with: Judge Liam O'Grady Sanctions U.S. District Court - Eastern District

A former client who alleged her attorney failed to make certain arguments, present certain evidence and negotiate certain terms in her divorce settlement had the majority of her malpractice claims, and all of her other tort claims, dismissed by the ...

Tagged with: Judge Liam O'Grady Tort U.S. District Court - Eastern District

Where the painter Bob Ross had orally transferred his intellectual property rights to a company he had co-founded with his wife and friends before he executed a trust that assigned all of his intellectual property interests to his son and ...

Tagged with: Intellectual Property Judge Liam O'Grady U.S. District Court - Eastern District

A leading electronic cigarette manufacturer’s battle against counterfeiters has resulted in a default judgment awarding the manufacturer statutory damages and injunctive relief against the overseas counterfeiters. Background Plaintiff filed its complaint on Aug. 24, 2018, against unincorporated associations that are ...

Tagged with: Intellectual Property Judge Liam O'Grady U.S. District Court - Eastern District

A debtor cannot sue a trustee for his alleged negligence during the bankruptcy because the debtor did not first obtain permission from the court, as required by law, and because the suit was filed too late. Background On Nov. 23, ...

Tagged with: Bankruptcy Judge Liam O'Grady U.S. District Court - Eastern District

Even though a company launched the website ipad.mobi before Apple and its affiliate applied to trademark “IPAD,” the company did not have priority to the mark because it had not developed a secondary meaning, and the company’s continued use of ...

Tagged with: Intellectual Property Judge Liam O'Grady U.S. District Court - Eastern District

Where plaintiffs’ complaint alleged that defendants used their trademarks without authorization to sell counterfeit versions of their products and plaintiffs properly served defendants by email pursuant to a court order, plaintiffs were entitled to default judgment on their claims that ...

Tagged with: Civil Practice Judge Liam O'Grady U.S. District Court - Eastern District