· 11/9/1993
Michael K. Topalian, Roy Jacobs, Jr., Richard H. Manuel, and Bobby W. McDonald and Armando Lopez v. John N. Ehrman, Etc.
Citations
- 3 F.3d 931
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that district court’s instruction to the jury that “the presumption [of confusion] arises when intent to cause confusion is coupled with the use of a counterfeit mark or a mark virtually identical to a previously registered mark” was an accurate formulation of the law
- “the waiver of sovereign immunity holds as long as the 4 tortfeasor is empowered to search, seize evidence, or arrest”
- “[C]ourts typically calculate 25% of the fund as the ‘benchmark’ 4 for a reasonable fee award, providing adequate explanation in the record of any ‘special 5 circumstances’ justifying a departure.”
- reviewing imposition of sanctions for abuse of discretion
Source: CourtListener parenthetical corpus (CC0).
Judges: Wiener, Barksdale, Demoss
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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