March 2008

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Airborne Herbal Supplement has annual sales of $300 mil., is apparently not a miracle cold-buster but is “an overpriced, run-of-the-mill vitamin pill that’s been cleverly, but deceptively, marketed,” according to lead plaintiff in a suit that has resulted in a settlement under which Airborne will pay a $23.3 mil. settlement, including refunds to purchasers of

Rockbridge Capital, LLC v. Rockbridge Equity Partners, LLC
Ohio Southern District Court
Filed: March 5, 2008
Plaintiff: Rockbridge Capital, LLC, Rockbridge Capital, LLC Defendant: Rockbridge Equity Partners, LLC
Case Number: 2:2008cv00208
Stahls’ Incorporated et al v. All American Supply, Incorporated
Michigan Eastern District Court
Filed: March 3, 2008
Plaintiff: Stahls’ Incorporated, Stahls’ Special Projects, Incorporated

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Plaintiff says to Defendant during settlement discussions “we have a problem with your trademark A but not your trademark B.” Plaintiff goes on to sue for infringement on both A and B. Defendant seeks to enter plaintiff’s statement to prove estoppel by acquiescence. FRE 408 on its face makes inadmissible settlement statements as they go

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Defendant advertises his accordions as ‘orginal GABBANELLI’ accordions from the ‘orginal factory’ when that is, allegedly, not the case.
Gabbanelli Accordions & Imports v. Isca Brilingtton dba West Coast Music, 2:08-at-00248 (ED Cal Mar 3 2008) (copy of complaint upon request).