Defendant David B. Birnbaum did business in the financial field as David Guggenheim. The owners of the GUGGENHEIM mark for investment services sue. Birnbaum behaved badly during the district court portion of the suit and had a default judgment entered against him. He appealed. Second Circuit: (1) When is a decision a final appealable decision (when the District Court says it is, and everyone packs up their causes and go home); (2) When does bad behavior during discovery warrant a default judgment (when you’re warned that that’s what’s going to happen to you) and (3) Can you wield the fair use defense as to using your ‘real’ name, when it really isn’t your ‘real’ name? No.
guggenheim v birnbaum
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