Justia Intellectual Property Opinion SummariesArticles Posted in Antitrust
Petroplast Petrofisa Plasticos S.A. v. Ameron Int’l Corp.
This action arose from a technology-sharing relationship between companies engaged in the manufacture of industrial "sand-core" pipe for water and sewer applications. In 2002, the parties entered into an agreement whereby Plaintiffs agreed to provide Defendant with their technology for more efficient manufacturing sand-core pipe in exchange for data, reports, software, and other information developed by Defendant through use of Plaintiffs' process. Over time, the relationship between the parties disintegrated. As a result, in 2009, Plaintiffs brought this action asserting breach of contract and other causes of action related to Defendant's alleged nonperformance under their agreement. The Chancery Court dismissed Plaintiffs' claims for breach of contract, as well as claims under California Uniform Trade Secrets Act and for common law misappropriation, finding the claims were barred by laches.View "Petroplast Petrofisa Plasticos S.A. v. Ameron Int'l Corp." on Justia Law
Prime Home Care, LLC v. Pathways to Compassion, LLC
Prime Home Care, LLC sought a permanent injunction pursuant to Neb. Rev. Stat. 87-217, part of the statutes governing the protection of trade names, and Neb. Rev. Stat. 87-303, part of the Uniform Deceptive Trade Practices Act, to prevent Pathways to Compassion, LLC from using the name "Compassionate Care Hospice." The district court granted Prime Home Care a permanent injunction and attorney fees. Pathways appealed, arguing that "Compassionate Care Hospice" was merely descriptive and had not acquired secondary meaning. The Supreme Court affirmed, holding (1) the name had acquired secondary meaning as it concerned Prime Home Care's hospice services; (2) the district court did not err when it granted Prime Home Care's request for a permanent injunction where confusion existed as a result of Pathways' use of Prime Home Care's protected trade name; and (3) the trial court did not err in granting Prime Home Care's request for attorney fees under either section 87-217 or section 87-303, and Prime Home Care was not entitled to additional attorney fees.View "Prime Home Care, LLC v. Pathways to Compassion, LLC" on Justia Law