Case Summaries

Contracts

[07/02] Marilyn Nutraceuticals, Inc. v. Mucos Pharma GBMH & Co.
In a trademark infringement action involving the enzyme-based dietary supplement Wobenzym, the District Court's preliminary injunction requiring Defendant to cease selling a dietary supplement is affirmed in part, where Defendant did not meet its burden to prove that Plaintiff ceased production of the supplement; but vacated in part, where a District Court must find a substantial risk of danger to the public or other special circumstances in order to enter an interlocutory order recalling a product in a trademark infringement case.

[07/01] Bristol West Ins. Co. v. Wawanesa Mutual Ins. Co.
In a dispute involving the interpretation of an insurance contract, district court judgment is reversed where the plain language of the Out of State Coverage clause in the policy makes specific reference to any accident that occurs out of state, and does not focus on the limits of the out of the state financial responsibility law, and thus the insurance policy necessarily expands the amount of liability coverage in this case since the accident occurred in New Brunswick.

[07/01] Mesa Air Group, Inc. v. Delta Air Lines, Inc.
In an action seeking an injunction prohibiting Defendant airline from terminating its regional connection agreement with Plaintiff airline, an injunction in favor of Plaintiff is affirmed where Plaintiff demonstrated a substantial likelihood of success on its claim that Defendant was equitably estopped from terminating the agreement.

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