Category: Intellectual Property
Rosati Pie Fight results in Preliminary Injunction against Rosati family selling frozen pizza. Michael and William Rosati, individually and on behalf of Rosati’s Franchise Systems, Inc. v. Anthony Rosati and David Rosati et al. 2021 WL 3666432 (USDC ND IL August 18, 2021)
The District Court for the Northern District of Illinois took up a dispute in the Rosati clan. At the heart of the dispute was that two shareholders of Rosati’s Franchise Systems, Inc. (RFSI) wanted to stop two other shareholders for selling frozen pizza through the grocery channel. The RFSI agreement allowed each shareholder to use […]read more
Faier’s IP world: LAW TIGERS vs. TIGER LAW. Lessons on piercing the corporate veil in a trademark matter. American Assoc. of Motorcyle Injury Lawyers, Inc. v. HP3 Law, LLC and Howard Piggee III. USDC-N.Il. 2021 WL 3054799. July 20, 2021.
Hon. Judge Gary Feinerman does a good job of running through Motion to Dismiss analysis filed by the defendant, in this case, resulting in a denial of that motion. Plaintiff proffers evidence of years of use of its LAW TIGER registered trademark in 24 states along with substantial evidence of sales and promotional investment. To […]read more
Chutzpah at the Northern District of Illinois: Toyo Tire v. Atturo Tire, 2021 WL 1853310, (Northern Dist. of IL, Eastern Div.) May 10, 2021. By James Michael Faier, M.P.P., M.B.A., J.D. (Reg. Patent Attorney 56731)
Between the lines I can hear Hon. Judge Mary Rowland scolding Toyo Tire in its case against Atturo Tire saying, you must be kidding me – you are twice sanctioned in this case for dragging your feet and now you want a certification under FRCP 54(b) so that you can immediately take an appeal because […]read more
Faier on IP Law: Personal Jurisdiction and Rubik’s Brand v. The Partnerships and Unincorporated Associations identified on Schedule A. 2021 WL 825668 (NDIL) March 4, 2021.
This is a great case that raises the thought provoking issue of personal jurisdiction in federal court in instances of trademark infringement. Plaintiff filed suit against 676 online sellers arguing that each infringed plaintiffs with regard to Rubik’s cube. We get this case because one defendant from China, Yoyoly, showed up to argue that the […]read more
Faier on IP Law: Script Transform, LLC v. Motorola Mobility, 2021 WL 825666 – Venue in a Patent Matter. (NDIL) March 1, 2021.
This is a proceeding about venue. Motorola moved for dismissal under Federal Rule 12(b)(3) arguing that plaintiff lacked venue to bring its patent action in the Northern District of Illinois. The court granted the motion. Venue in a patent matter is governed by 28 U.S.C. Section 1400(b) that states that the action may be brought […]read more