This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Intellectual Property
Trademark Infringement
Misappropriation of Trade Secrets

Katherine Nolan v. Jose Ballester; Kave Elahie

Published: Sep. 13, 1997 | Filing Date: Jan. 1, 1900 |

Case number: BC153996 Verdict –  $550,000

Judge

David A. Workman

Court

L.A. Superior Central


Attorneys

Plaintiff

Stephen M. Doniger
(Doniger Burroughs APC)

Thomas B. Ure III


Defendant

Thomas N. Cano


Experts

Plaintiff

Christina Boyle
(technical)

Erich Speckin
(technical)

Facts

In 1993, defendant Jose Ballester sold plaintiff Katherine Nolan his interest in their mail order marketing company, One World Marketing (OWM) and entered into a non-compete agreement. In 1994, defendant Ballester lived with defendant Kave Elahie. The plaintiff claimed that MEK International was formed as a partnership between Elahie and a partner in 1994 that MEK and sold the same products to the same market through the same channels as OWM. In 1996, MEK ran an identical advertisement that OWM had previously run. The plaintiff brought this action against the defendants based on trademark infringement, unfair competition, and misappropriation of trade secrets theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $50,000, later reduced to $20,000.

Damages

The plaintiff asked the jury for ______ in damages.

Other Information

The verdict was reached approximately 11 months after the case was filed.

Deliberation

10 hours

Poll

___________ (#s pls.)

Length

11 days


#109777

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390