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Intellectual Property
Trademark Infringement
Unjust Enrichment

AT&T Mobility LLC and AT&T Intellectual Property II, L.P. v. S & D Cellular Inc., Dilip Daswani

Published: Nov. 13, 2010 | Result Date: Mar. 4, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 2:09-cv-00805-SGL-SS Settlement –  $5,000,000

Court

USDC Central


Attorneys

Plaintiff

David B. Esau

Michele A. Powers


Defendant

Diego F. Bobadilla

Angela C. Agrusa
(DLA Piper LLP )


Facts

In February 2009, AT&T Mobility LLC sued S&D Cellular Inc. and its CEO, Dilip Daswani, on claims of trademark infringement, breach of contract, and unjust enrichment.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff argued that defendant had made possible the illegal purchase and resale of plaintiff's GoPhone cellphones, parts, and accessories. Plaintiff further argued that defendant unlocked cellphones and changed codes. Lastly, plaintiff alleged that defendant hired others to buy large amounts of merchandise from plaintiff, and took off the packing to resell plaintiff's products for a profit.

Damages

Defendant asked for monetary compensation and an injunction against defendant.

Result

The parties reached a settlement amounting to $5 million.


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