Amatorio v. Schmelz et al. (Superior Court of NJ, Bergen County)
Jun 03, 2020OUTCOME: Adversaries' motion to dismiss denied
Opposition to motion by defendants to dismiss defamation claims
Newark, NJ
Litigation Lawyer at Newark, NJ
Practice Areas: Litigation, Intellectual Property ... +3 more
OUTCOME: Adversaries' motion to dismiss denied
Opposition to motion by defendants to dismiss defamation claims
OUTCOME: Order vacated and remanded
Appeal from order by the Southern District of New York to the Patent and Trademark Office to grant I.O.B. Realty’s pending trademark applications pursuant to Section 37 of the Lanham Act, 15 U.S.C. § 1 ... 119.
OUTCOME: Adversary's motion denied
Motion by adversary to: (1) strike Opposer’s testimony affirmation for failure to make pretrial disclosures, and (2) dismiss under Trademark Rule 2.132(a) for failure to prosecute.
OUTCOME: Adversary's motion denied.
Opposition to motion for judgment on the pleadings.
OUTCOME: Case voluntarily dismissed by adversary.
Motion to dismiss the amended complaint under Federal Rule of Civil Procedure 12(b)(6). Motion granted with respect to virtually all the claims.
OUTCOME: Successful outcome below affirmed
Employer, an engineering firm that provided services to wireless carriers, brought action in state court against former employees who left the company to work on a new, competing venture, alleging brea ... ch of the duty of loyalty, tortious interference with prospective business relationships, and misappropriation of trade secrets. Following removal, the United States District Court for the District of New Jersey, Anne E. Thompson, J., granted plaintiff's motion for a preliminary injunction. Defendants appealed.
OUTCOME: Obtained preliminary injunction
Preliminary injunction motion against disloyal employees concerning trade secrets and related matters.
OUTCOME: Dismissed remaining claim against our client, blogger Patrick Frey
Plaintiff Brett Kimberlin originally brought suit against numerous Defendants, including Patrick Frey, for their alleged involvement in a criminal enterprise to spread false and defamatory stories abou ... t him and profit off these stories. In a Memorandum Opinion dated March 26, 2015, the Court granted a total of fourteen Motions to Dismiss, but denied dismissal of one claim against Frey. Kimberlin and Frey have now filed cross-motions for Summary Judgment on Kimberlin's remaining 42 U.S.C. § 1983 claim against Frey, in which he claims that Frey retaliated against him for exercising his First Amendment rights. No hearing is necessary. See Loc. R. 105.6 (D. Md. 2016). For the following reasons. Plaintiff's Cross-Motion for Summary Judgment is denied and Defendant's Cross-Motion for Summary Judgment is granted. No. GJH-13-3059, 2017 WL 3141909 (D. Md. July 21, 2017), aff'd, 714 F. App'x 291 (4th Cir. 2018)
OUTCOME: Affirming the en banc ruling of the Court of Appeals for the Federal Circuit that the disparagement clause of the Lanham Act violates the First Amendment's free speech clause.
Affirmed, 8-0, in an opinion by Justice Alito on June 19, 2017. Justice Alito announced the judgment of the Supreme Court and delivered the opinion of the Supreme Court with respect to Parts I, II and ... III-A, in which all the justices joined except that Justice Thomas did not join Part II; Justice Alito also delivered an opinion with respect to Parts III-B, III-C and IV, in which Chief Justice Roberts and Justices Thomas and Breyer joined. Justice Kennedy filed an opinion concurring in part and concurring in the judgment, in which Justices Ginsburg, Sotomayor and Kagan joined. Justice Thomas filed an opinion concurring in part and concurring in the judgment. Justice Gorsuch took no part in the consideration or decision of the case. http://www.scotusblog.com/case-files/cases/lee-v-tam/
OUTCOME: Summary judgment on genericness issue denied
Important ruling regarding genericness defense and summary judgment in a trademark infringement case. No. 15-24391-CIV, 2017 WL 2082794 (S.D. Fla. May 15, 2017)