Mattel wins counterclaim against S.C. toymaker over trademark infringement
Brief statement of claim: Super Duper filed a suit against Mattel in South Carolina, seeking a declaration that certain of its trademarks did not infringe or dilute Mattel's rights in its SEE 'N SAY trademark and related trademarks. While disputing that declaratory judgment jurisdiction existed, Mattel ...
Criminal Practice – No Due Process Claim from Contraband Cigarette Sting U.S. v. Hasan The sale of untaxed cigarettes by government agents during a two-year investigation of trafficking in contraband cigarettes was not so “outrageous” and “shocking” as to violate defendant’s right to due process, and the 4th Circuit affirms his convictions under 18 U.S.C. § 371 and § 2342(a).
Contract – CSX Did Not Spell Out Carmack Limitation ABB Inc. v. CSX Transportation Inc. Rail carrier CSX Transportation Inc. is liable for the full $550,000 in damage to a $1.3 million electrical transformer shipped from St. Louis to Pittsburgh, and the district court erred in holding that the parties had limited CSX’s potential liability in the bill of lading to $25,000; the 4th Circuit says the parties did not modify the carrier’s liability exposure, as permitted by the Carmack Amendment to the Interstate Commerce Act, and vacates the judgment limiting CSX’s liability to $25,000.
Administrative – Lanham Act Preemption May Work in Ethanol Case American Petroleum Institute v. Cooper Plaintiff trade groups that represent the natural gas and oil industry who want to enjoin enforcement of North Carolina’s Ethanol Blending Statute get another chance to prove Lanham Act preemption; the 4th Circuit agrees with the district court’s grant of summary judgment for defendants, the state and a marketing association, on plaintiffs’ preemption challenges under the Petroleum Marketing Practices Act and federal renewable fuel program, but says there are unresolved issues on plaintiffs’ Lanham Act preemption challenge.