Facts

Plaintiff Lamoon Inc. sued its competitor, Lamour Nail Products Inc., based on implied contractual indemnity and breach of warranty of title claims, which Lamoon had acquired from defendant's customer, Alfalfa Nail Products Inc., in the context of a settlement of Lamoon's claim of trademark infringement by Alfalfa upon Lamoon's trademark for artificial fingernails. Plaintiff sought $468,867 in alleged damages consisting of settlement funds paid by Alfalfa to Lamoon in the prior action together with attorney fees incurred by Alfalfa in defending the prior action.

PLAINTIFF'S CONTENTIONS:
Lamoon contended that Lamour had authorized, allowed or induced Alfalfa to affix an infringing mark upon the products it acquired, unlabeled, from Lamour.

DEFENDANT'S CONTENTIONS:
Lamour contended that it sold unmarked and unlabeled artificial nail products to Alfalfa and had no control over how Alfalfa marked or branded the merchandise which Lamour sold to it.

Result

Judgment for the defendant dismissing all claims.

Other Information

Mediation before Hon. Keith Wisot, retired, was unsuccessful. FILING DATE: Jan. 14, 2009.