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Intellectual Property
Trademark Infringement
Unfair Competition

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)

Gary K. Salomons

Jeffrey P. Alpert
(Alpert Law Group APC)

David S. Mayes


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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