Consumer Protection › Civil Procedure › Intellectual Property

Devere Group GMBH v. Opinion Corp. et al.

Order Dismissing Trademark Claim Against PissedConsumer.com for Failure to State a Claim

Order dismissing, for failure to state a claim under Fed. R. Civ. P. 12(b)(6), defamation claim pleaded as a Lanham Act trademark infringement in attempt to circumvent DMCA section 230....more

Amerigas Propane, L.P. v. Opinion Corp. d/b/a PissedConsumer.com

Order on Motion to Dismiss

Per blogger and law professor Eric Goldman: "You may recall PissedConsumer, the site that solicits user gripes, SEOs the crud out of them, and then offers the griped business pay-to-play to downgrade the visibility of those...more

Ascentive, LLC v. Opinion Corp.

Brief in Opposition to Plaintiff Ascentive's Motion to Dismiss its Own Complaint

In light of the December 16, 2011 Opinion and Order in this case denying plaintiffs' motion for a preliminary injunction -- on the ground that they had failed to show a likelihood of success on the merits -- one of the...more

District Court Allows False Marking to be Re-pleaded as Consumer Protection Claim

The Leahy-Smith America Invents Act bars suits for false marking of patent rights except those brought by the federal government or in which a competitor can establish competitive injury. Now a district court in Virginia has...more

Falcon Stainless, Inc. v. Rino Companies, Inc.

Order Granting Defendants' Post-Trial Motions For Judgment As a Matter of Law

After a 3-week trial and a flurry of post-trial motions, U.S. District Court Judge Alicemarie H. Stotler issued this 43-page ruling overturning the $1 million jury verdict against defendants, finding no likelihood of...more

Ballard v. St. Albans Congregational Church

Defendant's Reply on its Motion to Dismiss Complaint

This Reply was filed in conjunction with a motion to dismiss a pro se complaint alleging trademark infringement and violation of the model "Truth in Music" statute that's been enacted in a majority of states. What makes the...more

Designer Skin, LLC v. S & L Vitamins, Inc.

Reporter's Transcript of Proceedings (Jury Trial - Day 3 - Pages 404- 415) Before the Honorable James A. Teilborg

The end....more

Designer Skin, LLC v. S & L Vitamins, Inc.

Reporter's Transcript of Proceedings (Jury Trial - Day 2 - Pages 238 - 404) Before the Honorable James A. Teilborg

Day two of the trial. This starts out with the granting of our motion to quash a subpoena directed at a principal of S&L served, defectively, the night before, and includes the argument seeking the striking of the testimony...more

Designer Skin, LLC v. S & L Vitamins, Inc.

Reporter's Transcript of Proceedings (Jury Trial - Day 1 - Pages 1 - 237) Before the Honorable James A. Teilborg

The trial of what remained of the matter following the dismissal of much of plaintiff's case on summary judgment....more

Designer Skin, LLC v. S & L Vitamins, Inc.

Order denying motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6)

This denial in full of our motion to dismiss is rather difficult to reconcile with the Court's later rulings, but here it is....more

Prudential Standing: Who is "Any Person" Under the Lanham Act?

Published in Advertising Compliance Service Bulletin No. 594....more

Designer Skin, LLC v. S & L Vitamins, Inc.

Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) and Memorandum of Law

S&L Vitamins Inc., the corporate defendant, makes this Federal Rule of Civil Procedure 12(b)(6) motion to dismiss the claims in this action because plaintiffs cannot maintain their trademark, unfair competition, dilution, or...more

S & L Vitamins, Inc. v. Australian Gold, Inc.

Notice of Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6)

The first motion to dismiss in the S&L Vitamins v. Austalian Gold case. This notice of motion is posted merely for purposes of reference for those seeking basic practice forms....more

S & L Vitamins, Inc. v. Australian Gold, Inc.

Proposed form of order dismissing claims pursuant to Fed. R. Civ. P. 12(b)(6) and 12(c)

The first motion to dismiss in the S & L Vitamins v. Australian Gold case. This form is posted solely for the interest of those seeking sample legal forms of practice....more

S & L Vitamins, Inc. v. Australian Gold, Inc.

Memorandum of Law in Support of Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and 12(c)

The first motion to dismiss in the S&L Vitamins v. Austalian Gold case. Note that the argument in this brief predates the Supreme Court's enunciation of the new, higher standard to state a cause of action in _Twombly_....more

S & L Vitamins, Inc. v. Australian Gold, Inc.

Proposed form of order dismissing claims pursuant to Fed. R. Civ. P. 12(b)(6) and 12(c)

The first motion to dismiss in the S&L Vitamins v. Austalian Gold case. This proposed form of order is posted merely for purposes of reference for those seeking basic practice forms....more