all - Opinion Summaries

DERSCH ENERGIES, INC. v. SHELL OIL CO.

Commercial Law, Contracts, Oil and Gas Law
Petroleum Marketing Practices Act section 2805(f)(1) does not provide franchisees with an implied private right of action for a franchisor's violation...

DRAEGER OIL CO. v. UNO-VEN CO.

Commercial Law, Contracts, Intellectual Property, Trademark, Oil and Gas Law
Under the Petroleum Marketing Practices Act, defendant had no duty to compensate suppliers or customers who may have been harmed by its decisions,...

CLOUD CORP. v. HASBRO, INC.

Commercial Law, Contracts
There was adequate evidence of written consent to a modification of quantity specifications in purchase orders, and the modification was enforceable...

PROFITNESS PHYSICAL THERAPY CTR. v. PRO-FIT ORTHOPEDIC & SPORTS PHYSICAL THERAPY P.C.

Commercial Law, Consumer Protection Law, Intellectual Property, Trademark
Defendant in an action for trademark infringement, trademark dilution, and unfair competition under the Lanham Act, was not entitled to summary...

CROW IRVINE # 2 v. WINTHROP CALIFORNIA INVESTORS LTD. P'SHIP

Commercial Law, Contracts, Corporation & Enterprise Law
In assessing whether termination of a partnership agreement was baseless, the trial court erred in concluding that a "good faith belief" must be...

THE SCOTTS CO. v. UNITED INDUS. CORP.

Commercial Law, Consumer Protection Law, Remedies
A preliminary injunction in a Lanham Act false advertising was not warranted where plaintiff's focus group and survey evidence was not sufficiently...

FASHION BOUTIQUE OF SHORT HILLS, INC. v. FENDI STORES, INC.

Commercial Law, Consumer Protection Law, Evidence, Injury & Tort Law
Plaintiff failed to put forward sufficient evidence that defendants' actions constituted "commercial advertising or promotion" under the Lanham Act....

AM. HONDA MOTOR CO., INC. v. RICHARD LUNDGREN, INC.

Antitrust & Trade Regulation, Commercial Law
An suit by an existing car dealer under a Massachusetts dealer protection statute, opposing an effort to franchise a new automobile dealership, was...

MOTORSPORT ENG'G, INC. v. MASERATI SPA

Commercial Law, Contracts
A third-party beneficiary who did not sign a contract is not liable for either signatory's performance, and has no contractual obligations to either....

BRONCO WINE CO. v. ESPINOZA

Agriculture, Commercial Law
As applied to labels on bottled wine destined for shipment into interstate and foreign commerce, Business and Professions Code section 25241 is...