Tovaritch Spirits International SA v. Luxco, Inc.

Justia Dockets & Filings Eighth Circuit Missouri Eastern District Tovaritch Spirits International SA v. Luxco, Inc.

Tovaritch Spirits International SA v. Luxco, Inc.

Plaintiff:	Tovaritch Spirits International SA
Defendant:	Luxco, Inc.
Case Number:	4:2011cv00950
Filed:	May 24, 2011
Court:	US District Court for the Eastern District of Missouri
Office:	St. Louis Office
County:	St. Louis - County
Presiding Judge:	Jean C. Hamilton
Nature of Suit:	Trademark
Cause of Action:	15 U.S.C. § 1121
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
December 21, 2012	Filing 126 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that judgment is entered in favor of Defendant on Plaintiff's Complaint for De Novo Review of the Decision of the Trademark Trial and Appeal Board, and the cancellation of Plaint iffs TOVARITCH trademark is affirmed. IT IS FURTHER ORDERED, ADJUDGED and DECREED that judgment is entered in favor of Defendant on its counterclaims for federal trademark infringement under 15 U.S.C. § 1114,unfair competition under 15 U.S.C. &# 167; 1125(a)(1), trademark infringement and unfair competition under Missouri law, and trademark dilution under Missouri law, and on its request for a permanent injunction. IT IS FURTHER ORDERED, ADJUDGED and DECREED that, with respect to the permane nt injunction, Plaintiff, including its agents, officers, employees, representatives, successors, assigns, attorneys, and all other persons acting under authority from Plaintiff, is ENJOINED AND RESTRAINED permanently from the following:A. Manufactur ing, distributing, marketing, selling, or offering for sale any goods which bear the TOVARITCH mark. B. Committing any other act calculated or likely to cause the public to believe that Plaintiff or Plaintiff's products are, in any manner, conne cted, licensed, sponsored, affiliated, or associated with Defendant or from otherwise competing unfairly with Defendant. IT IS FURTHER ORDERED, ADJUDGED and DECREED that Plaintiff will recall all products bearing the TOVARITCH mark which have been shipped by Plaintiff, or under Plaintiff's authority, to any customer, including but not limited to any wholesaler, importer, distributor, retailer, consignor, or marketer. Signed by District Judge Jean C. Hamilton on 12/21/12. (TRC)
October 20, 2011	Filing 29 MEMORANDUM AND ORDER re: 9 20 ORDERED that Defendant's Motion to Dismiss Plaintiff's Complaint (ECF No. 9) is DENIED. FURTHER ORDERED that Plaintiffs Motion for Sanctions pursuant to Fed.R.Civ.P. 11 (ECF No. 20) is DENIED. Signed by Honorable Jean C. Hamilton on 10/20/11. (CEL)

Date Filed

Document Text

December 21, 2012

Filing 126 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that judgment is entered in favor of Defendant on Plaintiff's Complaint for De Novo Review of the Decision of the Trademark Trial and Appeal Board, and the cancellation of Plaint iffs TOVARITCH trademark is affirmed. IT IS FURTHER ORDERED, ADJUDGED and DECREED that judgment is entered in favor of Defendant on its counterclaims for federal trademark infringement under 15 U.S.C. § 1114,unfair competition under 15 U.S.C. &# 167; 1125(a)(1), trademark infringement and unfair competition under Missouri law, and trademark dilution under Missouri law, and on its request for a permanent injunction. IT IS FURTHER ORDERED, ADJUDGED and DECREED that, with respect to the permane nt injunction, Plaintiff, including its agents, officers, employees, representatives, successors, assigns, attorneys, and all other persons acting under authority from Plaintiff, is ENJOINED AND RESTRAINED permanently from the following:A. Manufactur ing, distributing, marketing, selling, or offering for sale any goods which bear the TOVARITCH mark. B. Committing any other act calculated or likely to cause the public to believe that Plaintiff or Plaintiff's products are, in any manner, conne cted, licensed, sponsored, affiliated, or associated with Defendant or from otherwise competing unfairly with Defendant. IT IS FURTHER ORDERED, ADJUDGED and DECREED that Plaintiff will recall all products bearing the TOVARITCH mark which have been shipped by Plaintiff, or under Plaintiff's authority, to any customer, including but not limited to any wholesaler, importer, distributor, retailer, consignor, or marketer. Signed by District Judge Jean C. Hamilton on 12/21/12. (TRC)

October 20, 2011

Filing 29 MEMORANDUM AND ORDER re: 9 20 ORDERED that Defendant's Motion to Dismiss Plaintiff's Complaint (ECF No. 9) is DENIED. FURTHER ORDERED that Plaintiffs Motion for Sanctions pursuant to Fed.R.Civ.P. 11 (ECF No. 20) is DENIED. Signed by Honorable Jean C. Hamilton on 10/20/11. (CEL)

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Plaintiff: Tovaritch Spirits International SA
Represented By:	John M. Challis
Represented By:	Keith J. Grady
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Defendant: Luxco, Inc.
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