Mill Pond Associates, Inc. v. E & B Giftware, Inc.
District Court, D. Massachusetts
1Opinion of the Court
MEMORANDUM AND ORDER
YOUNG, District Judge.
After the defendant E & B Giftware, Inc. (“Giftware”) had defaulted, this Court held a jury waived trial to assess damages. The trial concluded on June 25, 1990, whereupon this Court, in a decision issued from the bench, awarded Mill Pond Associates, Inc. (“Mill Pond”) $45,526.00 for violations of the Lanham Act, 15 U.S.C. 1125(a) (Count I) and $45,526.00 for unfair competition pursuant to Massachusetts’ common law (Count II). As to each of these counts, the Court based the damages upon an accounting of the profits garnered by Giftware from its…
2Cases cited27 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Johnson v. RobisonSupreme Court of the United States · 1974
- Charles D. Bonanno Linen Service, Inc. v. William J. McCarthyCourt of Appeals for the First Circuit · 1983
- Clyde A. Perkins v. Standard Oil Company of CaliforniaCourt of Appeals for the Ninth Circuit · 1973
- Massachusetts Trustees of Eastern Gas & Fuel Associates v. United StatesSupreme Court of the United States · 1964
22 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Michael J. Foley v. City of Lowell, Massachusetts, Michael J. Foley v. City of Lowell, MassachusettsCourt of Appeals for the First Circuit · 1991
- Fred G. Brown, D/B/A National Parakleen Co., and Micro-Bac International, Inc., Cross-Appellant v. Petrolite Corporation, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1992
- Nardone v. Patrick Motor Sales, Inc.Massachusetts Appeals Court · 1999
- McDonough v. City of QuincyDistrict Court, D. Massachusetts · 2005
- Fryer v. ASAP FIRE AND SAFETY CORP., INC.District Court, D. Massachusetts · 2010
4 more not listed; retrieve them via the Exa API.