Nina Parkinson v. Robanda International Inc., and Does 1 through 20, inclusive
Published: Oct. 11, 2014 | Result Date: Dec. 27, 2013 | Filing Date: Jan. 1, 1900 |Case number: 2:13-cv-07029-R-AJW Bench Decision – Dismissal
Court
USDC Central
Attorneys
Plaintiff
Dylan C. Dang
(Trojan Law Offices)
R. Joseph Trojan
(Trojan Law Offices)
Defendant
Jonathan G. Gabriel
(Gabriel Salomons LLP)
Jeffrey P. Alpert
(Alpert Law Group APC)
Facts
Nina Parkinson filed an infringement claim against Robanda International Inc.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed ownership rights to the "Marilyn" trademark. Plaintiff accused defendant of selling counterfeit items bearing the trademark, damaging plaintiff. Plaintiff asserted claims for federal trademark infringement and counterfeiting and unfair competition. Plaintiff sought to enjoin defendant from further infringement.
DEFENDANT'S CONTENTIONS:
Defendant moved to dismiss the complaint for failure to state a claim and for failure to join a necessary party.
Damages
Plaintiff sought $2 million in statutory damages, attorney fees and costs, and other relief.
Result
The court granted defendant's motion and dismissed plaintiff's claim in its entirety, with prejudice.
Other Information
The case is currently on appeal before the 9th Circuit Court of Appeals.
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