· 3/5/2024
Rivera Sanfeliz, Randolfo v. Firstbank Puerto Rico, Inc.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- requiring the district court to consider lesser sanctions before imposing exclusion of witnesses that was tantamount to dismissal, but not requiring a finding of willfulness or bad faith
- requiring the district court to consider lesser sanctions before imposing exclusion of witnesses that was tantamount to dismissal, but not requiring a finding of willfulness or bad faith
- noting that there is often no direct proof
- noting that there is often no direct proof
- discussing “reasonable inferences” that can be drawn by a court to find secondary meaning from evidence of money spent in advertising, the type of advertising used, long-term usage of the mark, and sales volume
- where exclusion of evidence was tantamount to dismissal of claims, the district court should have considered lesser sanctions
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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