TOP Tobacco v. Star Importers and Wholesalers was a case that considered the relationship between statutory damages and actual damages. Defendants appealed to the Eleventh Circuit to review the amount of statutory damages that the jury awarded in the Northern District of Georgia. TOP Tobacco (“TOP”) is the manufacturer of TOP and JOB popular brands…
An employer sued a former employee and his new employer in North Carolina state court over allegedly divulging trade secrets in Atkore v. Keith D. Dinkheller et al.. Late last year, the defendants brought a motion to dismiss all counts in Atkore’s complaint, obtaining a somewhat surprising result. Mr. Dinkheller had worked in numerous leadership…
Westmont Living, Inc. v. Retirement Unlimited, Inc. is a trademark infringement case that originated in the Eastern District of Virginia and was appealed to the Fourth Circuit. At issue were competing motions to dismiss. A senior-living company called Westmont Living had the registered trademark WESTMONT LIVING, which they claimed Retirement Unlimited (RUI) infringed with its…