Legal Opinion
Mobius Management Systems, Inc. v. Fourth Dimension Software, Inc.
District Court, S.D. New York
Decided November 30, 1994No. 94 Civ. 0749 (LAP)PublishedCited by 33 opinions
1Opinion of the Court
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PRESKA, District Judge.
Plaintiff, Mobius Management Systems, Inc. (“Mobius”), seeks damages and a permanent injunction against defendant, Fourth Dimension Software, Inc. (“Fourth Dimension”), for breach of contract, for violations of § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and for common law unfair competition. After holding a bench trial on October 6 and 7, 1994, I find that Mobius is entitled to injunctive relief, damages in the amount of $63,026.40, the amount of reasonable attorney fees it expended on this matter, and the costs of this action.
2Cases cited43 opinions
- The Coca-Cola Company v. Tropicana Products, Inc.Court of Appeals for the Second Circuit · 1982
- Saratoga Vichy Spring Co., Inc. v. Orin Lehman, Commissioner of Parks and Recreation of the the State of New York and Waters of Saratoga Springs, Inc.Court of Appeals for the Second Circuit · 1980
- Champion Spark Plug Co. v. SandersSupreme Court of the United States · 1947
- United States v. Edge Broadcasting Co.Supreme Court of the United States · 1993
- William R. Warner & Co. v. Eli Lilly & Co.Supreme Court of the United States · 1924
38 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Novartis Consumer Health, Inc. v. Johnson & Johnson-Merck Consumer Pharmaceuticals Co.Court of Appeals for the Third Circuit · 2002
- Seven-Up Co. v. Coca-Cola Co.Court of Appeals for the Fifth Circuit · 1996
- Fashion Boutique of Short Hills, Inc. v. Fendi Usa, Inc., and Fendi Stores, Inc.Court of Appeals for the Second Circuit · 2002
- Enigma Software Group USA, LLC v. Bleeping Computer LLCDistrict Court, S.D. New York · 2016
- Innovation Ventures, LLC v. Ultimate One Distributing Corp.District Court, E.D. New York · 2016
28 more not listed; retrieve them via the Exa API.