Premium Balloon Accessories, Inc. v. Creative Balloons Mfg., Inc.
| Premium Balloon Accessories, Inc. |
| Creative Balloons Mfg., Inc. |
| 1:2010cv00979 |
| April 30, 2010 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Medina |
| James S. Gwin |
| Trademark |
| 15 U.S.C. ยง 1125 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
117
Memorandum Opinion and Order For the reasons stated herein, the Court awards PBA monetary relief in the amount of $23,693.00, representing CBM's profits on the sale of its SuperStar. The Court also awards PBA attorney fees for defending the Third and Fourth Counterclaims in an amount to be determined,but no greater than $10,000. The case is terminated. Judge Benita Y. Pearson on 7/31/2013. (JLG)
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Filing
103
Memorandum Opinion and Order Based upon the Court's review of the case, and the parties' agreement that the Court's previous ruling result in a finding in favor of PBA on Counterclaim II, the Court hereby grants PBA's Motion for Summary Judgment on CBM's Second Counterclaim. ECF No. 83 . Judge Benita Y. Pearson on 3/29/2013. (S,L)
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Filing
99
Memorandum Opinion and Order granting PBA's Motion to Strike (ECF No. 91 ) CBM's last-minute motion (ECF No. 84 ) to avoid the Hearing. Judge Benita Y. Pearson on 3/25/2013. (S,L)
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Filing
78
Memorandum Opinion and Order For the reasons stated herein, the Court 1) grants CBM's Motion to Alter/Amend Judgment (ECF No. 59 ) in part to correct the factual record and denies the motion in all other respects; 2) grants PBA's Mo tion for an Evidentiary Hearing on the Issue of Damages and Attorney Fees (ECF No. 66 ). A hearing will be held Monday, 3/25/2013 at 3:00 pm,. Clients must be present unless counsel has full authority to act on their behalves; and 3) grants PBA 9;s Motion for Permanent Injunction (ECF No. 61 ). Pursuant to 15 U.S.C. §1116(a), Defendant Creative Balloon Mfg., Inc., its officers, agents, servants, employees, representatives, and all other persons who are in active concert or participat ion with any of them, are hereby permanently enjoined and restrained from: a) Importing, offering for sale and/or selling and/or distributing and/or advertising or promoting any star-shaped heavy weight (i.e., in a range from 80g to 100g) bal loon weight that incorporates the trade dress (i.e., overall appearance including its size, weight, shape or configuration and primary colors) of Premium's star-shaped Heavy Weight balloon weight, including but not exclusively Defendant Creative Balloon Mfg., Inc.'s 100g Happy Heavy Weight balloon weight, aka SuperStar balloon weight; b) Assisting, aiding or abetting any other person or business entity in engaging in or performing any of the activities referred to in paragraph (a); and/or c) Effecting assignment or transfers, forming new entities or associations or utilizing any other device for the purpose of circumventing or otherwise avoiding the prohibitions setforth. Judge Benita Y. Pearson on 3/4/2013. (S,L) Modified text on 3/4/2013 (S,L).
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Filing
72
Memorandum Opinion and Order The Court grants PBA's motion for a joint status conference in the instant action (ECF No. 69 ) as well as the companion case Premium Balloon Accessories v. Creative Balloon Mfg., Case No. 5:11-cv-615 (ECF No. 11 ). The Court requires the attendance of counsel and parties with full settlement authority. If lead counsel deems it necessary and prudent, a party may attend via telephone, during the entirety of the conference at no cost to th e Court. If a matter does not settle, counsel and parties should be prepared to establish case management dates going forward in both matters. CBM's motion to alter or amend judgment (ECF No. 59 ), PBA's motions for permanent injunction (ECF No. 61 ) and status conference on the issues of damages and attorney awards (ECF No. 66 ) are administratively terminated, with the understanding these matters will be finally addressed during the status conference. The status conference will take place 10/5/2012 at 2:00 pm. Judge Benita Y. Pearson on 9/26/2012. (S,L)
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| Plaintiff: Premium Balloon Accessories, Inc. | |
| Represented By: | Laura J. Gentilcore |
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| Defendant: Creative Balloons Mfg., Inc. | |
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