law-materials

 

intellectual property summaries - 4-28-06

Page history last edited by david 3 yrs ago

* Bollore SA v. Import Warehouse Inc

* Days Inn Worldwide, Inc. v. Patel

U.S. 5th Circuit Court of Appeals

 

Bollore SA v. Import Warehouse Inc (04/28/06 - No. 04-11514)

Orders piercing a corporate veil and adding appellants as judgment debtors in a turnover proceeding are vacated to the extent the orders apply to appellants where the district court erred as: 1) a court may not use a proceeding under the Texas Turnover Statute as a vehicle to adjudicate the substantive rights of non-judgment third parties; and 2) appellees did not make the required showing under Texas law to establish that appellant-corporation was individual appellant's alter ego.

http://caselaw.lp.findlaw.com/data2/circs/5th/0411514cv0p.pdf

 

U.S. 6th Circuit Court of Appeals

 

Days Inn Worldwide, Inc. v. Patel (04/26/06 - No. 05-3010)

Denial of a motion for relief from judgment in a contract and Lanham Act case is affirmed where, although defendant did not have the requisite amount of time to respond to either a complaint or a default-judgment motion, there was no abuse of discretion in finding the motion untimely because appellant waited over eleven months after the district court acquired jurisdiction over him to file his motion.

http://caselaw.lp.findlaw.com/data2/circs/6th/053010p.pdf

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