Oppressed Shareholder/Limited Liability Company Dissolution Preliminary Injunction
September 2009 – The majority owners of a New Jersey limited liability company are enjoined from interfering with the rights of a manager of Ethnic Technologies, LLC by a New Jersey Superior Court, Bergen County. The plaintiff in the action is a shareholder of one of two corporate members of the LLC and appointed one of three managers of the LLC, a provider of ethnic encoding of name and address lists and related software. The injunction is entered by Presiding Chancery Judge Ellen A. Koblitz. McDaniel Law represented the plaintiff.
Trademark Infringement Settlement
April 2009 – The plaintiff agrees to voluntarily dismiss without payment and with prejudice a lawsuit alleging importation and distribution of cosmetics allegedly infringing its line of lip oils sold through independent beauty supply distributors. Defendant Bee Sales, Inc., a competitor of the plaintiff, disputed the alleged trade dress infringement claims asserting that the packaging design was both functional and had failed to obtain secondary meaning in the marketplace. McDaniel Law represented the defendant Bee Sales.
Copyright/United States Customs
US Customs and Border Protection grants protest of detention of alleged piratical goods. Customs detained a shipment of handmade rugs imported through Port Newark from China based on an allegation that the shipment contained designs copied from U.S. registered copyrighted designs. The importer protested the detention alleging that Customs had failed to adhere to the notice and bonding requirements provided for by Customs regulations. McDaniel Law represented the importer.
Oppressed Shareholder Action Settlement
January 2009 – A shareholder of a New York technology services vendor purchases the outstanding shares of a former principal on favorable terms in settlement of an oppressed shareholder action filed in the Supreme Court of New York pursuant to a settlement agreement. The terms of the agreement provide for a multi-year payout of an undisclosed amount and the continuing right to use the name, customers and assets of the business. McDaniel Law represented the defendant and purchasing shareholder.