Case Conclusion Date:February 15, 2010
Practice Area:Trademark Infringement
Outcome:Temporary restraining order granted; settled
Description:Trademark infringement and related claims against retailers, distributor and purported scrap dealer. The scrap dealer bought, for less than a penny on the dollar at retail price, a large quantity of our client's trademark-bearing merchandise which failed the client's quality control inspection. The scrap dealer agreed to separate the packaging from the products and to dispose of the material as waste. Instead it ended up on store shelves in the New York area. The stores and the intermediary distributor refused to cooperate and this action was brought. Co-counsel was William R. Denny, Esq. of Potter Anderson & Corroon in Wilmington.