· 1/12/2011
Prince of Peace Enterprises, Inc. v. Top Quality Food Market, LLC
Citations
- 760 F. Supp. 2d 384
- 2011 U.S. Dist. LEXIS 3917
- 2011 WL 118245
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- \The parties have consented to application of New York law by briefing all issues under the law of New York.\ (citations omitted)
- “[A]s the beneficiary of a license agreement, and not of an assignment of ownership rights, POP lacks standing to bring its infringement claim.”
- “[T]he parties have consented to application of New York law by briefing all issues under the law of [N]ew York.”
- “[T]he law 12 regarding the formation of an enforceable agreement is the same in both jurisdictions [New York 13 and California]”
- “Absent a valid assignment transferring all ownership rights in a mark, even an exclusive licensee and distributor . . . is not a mark’s ‘owner’ for purposes of Section 43(c).”
- conclusory allegations that a claim was assigned fail to meet pleading requirements
Source: CourtListener parenthetical corpus (CC0).
Judges: Richard J. Holwell
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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