Dairy Queen v. Wood
369 U.S. 469 (1962) Cited 1,151 times 1 Legal AnalysesHolding that jury trial was required where legal claims seeking monetary relief and equitable claims seeking injunctive relief both hinged on "the question of whether there [had] been a breach of contract"
Roulo v. Russ Berrie Co., Inc.
886 F.2d 931 (7th Cir. 1989) Cited 193 times 5 Legal AnalysesHolding that trademark owner's presence at a trade show was sufficient evidence of intent to resume use in the foreseeable future
Web Printing Controls Co. v. Oxy-Dry Corp.
906 F.2d 1202 (7th Cir. 1990) Cited 123 times 2 Legal AnalysesFinding that the district court erred in failing to distinguish between a Lanham Act violation and a Lanham Act remedy
Daisy Group, Ltd. v. Newport News, Inc.
999 F. Supp. 548 (S.D.N.Y. 1998) Cited 22 timesHolding claim to be legal rather than equitable when profits were to serve as a proxy for damages
Ideal World Marketing, Inc. v. Duracell
997 F. Supp. 334 (E.D.N.Y. 1998) Cited 15 timesFinding that there is a right to a jury trial when an award of profits is sought
CFM Majestic, Inc. v. NHC, Inc.
93 F. Supp. 2d 942 (N.D. Ind. 2000) Cited 8 timesNo. Civ. 1:99-CV-120. March 15, 2000. Thomas A. Herr, Barrett and McNagny, Fort Wayne, IN, Michael H. Baniak, Jeffrey A. Pine, Christina L. Brown, Baniak Nicholas Pine and Gannon, Evanston, IL, for CFM Majestic, Inc., Plaintiff. Stephen J. Weyer, Randall J. Knuth PC, Robert S. DiPalma, David Borsykowsky, Paul Frank Collins Inc, Burlington, VT, Randall J. Knuth, Fort Wayne, IN, for NHC INC, a Vermont Corporation, Defendant. FINDINGS OF FACT AND CONCLUSION OF LAW ROGER COSBEY, Magistrate Judge I. INTRODUCTION
Admiral Corporation v. Admiral Emp. Bureau
151 F. Supp. 629 (N.D. Ill. 1957) Cited 1 timesNo. 56 C 2135. April 11, 1957. Byron, Hume, Groen Clement, Chicago, Ill., for plaintiff. James A. Brown, Chicago, Ill., for defendants. LA BUY, District Judge. The above action is alleged to be brought pursuant to the "statutes and common law of the State of Illinois and the trademark and unfair competition laws of the United States, and is for the infringement and dilution of a trade name and a registered mark and for unfair competition in trade. There is diversity of citizenship, and the amount
Section 1117 - Recovery for violation of rights
15 U.S.C. § 1117 Cited 4,891 times 144 Legal AnalysesGranting district courts significant discretion to award damages for a violation of § 1125