Legal Opinion

Thousand Island Park Corp. v. Welser

District Court, N.D. New York

Decided June 14, 2018No. 5:18–CV–117PublishedCited by 6 opinions

1Opinion of the Court

DAVID N. HURD, United States District Judge *393I. INTRODUCTION

Plaintiff Thousand Island Park Corporation ("TIPC" or "plaintiff"), the owner of a restaurant and store on Wellesley Island known as "The Guzzle," has filed this trademark infringement and breach of contract action against defendant Mark A. Welser ("Welser" or "defendant"), the man plaintiff hired to operate the restaurant during the summer 2017 tourist season.

According to TIPC's six-count complaint, Welser improperly associated himself with plaintiff's unregistered trademark in violation of the Lanham Act and related state law when…

2Cases cited15 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Foman v. DavisSupreme Court of the United States · 1962
  4. Polaroid Corporation v. Polarad Electronics CorporationCourt of Appeals for the Second Circuit · 1961
  5. Goel v. Bunge, Ltd.Court of Appeals for the Second Circuit · 2016

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3Cited by6 opinions

  1. Howard Carr Cos. v. Cumberland Farms, Inc.District Court, N.D. New York · 2019
  2. Adecco USA, Inc. v. Staffworks, Inc.District Court, N.D. New York · 2021
  3. Donna De La Torre, Alex Rector, Mattie Ruth, Christine Dinottia, Melissa Webster, Jason Webster, Douglas Fennessy, and Nancy Fennessy v. Erdle Perforating Company, LLC, New York State Department of Environmental Conservation, and Falcon Industries, LLCDistrict Court, W.D. New York · 2026
  4. Oriska Insurance Company v. Avalon Gardens Rehabilitation & Health Care Center, LLCDistrict Court, N.D. New York · 2019
  5. Staffworks, Inc. v. Adecco USA, Inc.District Court, N.D. New York · 2021

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