Legal Opinion

Ferrero U.S.A., Inc. v. Ozak Trading, Inc. Doron Gratch

Court of Appeals for the Third Circuit

Decided December 19, 1991No. 91-5357PublishedCited by 56 opinions

1Opinion of the Court

OPINION OF THE COURT

SLOVITER, Chief Judge.

This is the second appeal arising out of a case brought under the Lanham Act by Ferrero U.S.A., Inc. against Ozak Trading, Inc. and its president, Doron Gratch (jointly referred to as Ozak), for Ozak’s parallel importation of TIC TAC breath mints manufactured for distribution in the United Kingdom. In this appeal Ozak challenges the district court’s award of attorneys’ fees and expenses to Ferrero U.S.A. in the amount of $160,997.11. We must consider whether the successful plaintiff made a showing that the case was “exceptional,” the statutory…

2Cases cited26 opinions

  1. K Mart Corp. v. Cartier, Inc.Supreme Court of the United States · 1988
  2. Alpo Petfoods, Inc. v. Ralston Purina CompanyCourt of Appeals for the D.C. Circuit · 1990
  3. Bandag, Inc., Appellee/cross-Appellant. v. Al Bolser's Tire Stores, Inc., Appellant/cross-AppelleeCourt of Appeals for the Federal Circuit · 1984
  4. Donsco, Inc. v. Casper Corp.Court of Appeals for the Third Circuit · 1978
  5. Safeway Stores, Incorporated, Cross-Appellee v. Safeway Discount Drugs, Inc., Cross-AppellantCourt of Appeals for the Eleventh Circuit · 1982

21 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. Lincoln v. BNSF Railway CompanyCourt of Appeals for the Tenth Circuit · 2018
  2. Fair Wind Sailing Inc v. H. DempsterCourt of Appeals for the Third Circuit · 2014
  3. Securacomm Consulting, Inc. v. Securacom Inc.Court of Appeals for the Third Circuit · 2000
  4. Joseph C. Shields v. John ZuccariniCourt of Appeals for the Third Circuit · 2001
  5. In Re: Orthopedic Bone Screw Products Liability Litigation Alexander SambolinCourt of Appeals for the Third Circuit · 2001

51 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API