2010

Copyright Infringement Motion to Dismiss Denied

December 2010 – Defendants in a copyright infringement case brought in U.S. District Court, District of New Jersey, were denied their Motion to Dismiss for failure to bring an action within the statutory timeframe. The Court denied the motion, relying on case law which states that an affirmative defense shall not trigger a dismissal of a complaint under rule 12(b)(6). McDaniel Law represents Plaintiff.

Trademark infringement and Cybersquatting Settlement

December 2010 – BMW alleged that Defendants used certain BMW brand logos and marks, as well as owning and operating a website containing infringing marks. Defendants disputed the claims, but settled to remove BMW logos and trademarks from its website, as well as waive any rights to the website www.formulabmwusa.com. The injunction was entered in U.S. District Court, District of New Jersey. McDaniel Law represented the defendants.

Limited Liability Dissolution Settlement

December 2010 – Plaintiffs settled, through the purchase of defendant’s interests in Elements, LLC, for $55,000. Defendants also executed a restrictive covenant not to compete for three years. The case was brought in the Superior Court of New Jersey, Passaic County, Chancery Division. McDaniel Law represented Plaintiffs.

Unfair Competition Settlement

September 2010 – Defendant, an ex-employee, settled with Plaintiffs following a preliminary injunction to refrain from seeking employment in the business of aftermarket auto parts and accessories industry for a period of ten years. The case was brought in the Superior Court of New Jersey, Middlesex County, Chancery Division. McDaniel Law represented Plaintiffs.

Oppressed Shareholder/Limited Liability Company Dissolution Settlement

June 2010 – The Plaintiff manager of Ethnic Technologies, LLC was awarded a compelled sale of equity interests, for a sum of $1.9 million to settle all claims under the New Jersey Oppressed Shareholder Act and the New Jersey Limited Liability Company Act. McDaniel Law represented the plaintiff.

Unfair Competition Temporary Restraining Order

May 2010 – A former vice president, five project managers, and an IT consultant are restrained from soliciting the work force of Ryan Pierce Group, Inc. and Tower West Communications, Inc. in an unfair competition and breach of fiduciary duty by Supreme Court Justice Timothy Driscoll in Nassau County, New York.  McDaniel Law represented the plaintiffs.

Breach of Contract/Book Account/Unjust Enrichment/Promissory Estoppel/Breach of Covenant of Good Faith and Fair Dealing Settlement

May 2010 – Defendants paid $20,000 to settle all claims against them for breach of contract. The Complaint was filed in May of 2009 in The Superior Court of New Jersey, Law Division, for Middlesex County. McDaniel Law represented the defendants.

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