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Caesar Rivise Client Wins Motion for Summary Judgment

Posted on Apr 8, 2016 in News

In American Diabetes Association v. The Friskney Family Trust et al., Judge Goldberg of the United States District Court for the Eastern District of Pennsylvania on April 6, 2016 granted an order granting the summary judgment motion filed by Caesar Rivise on behalf of the American Diabetes Association (ADA) to dismiss the counterclaims of the Defendants. Caesar Rivise attorneys Manny Pokotilow, Salvatore Guerriero and Touhey Myer filed the motion for summary judgment to dismiss the Defendant’s counterclaims for breach of contract and reverse domain name hijacking.

The suit was a result of the settlement of an earlier suit in which the Defendants had agreed to stop using the mark AMERICAN DIABETES, which Defendants had been using for selling medical supplies and as part of the domain name americandiabetes.com.  The Court found that there was no evidence to support the counterclaims asserted by the Defendants. The Court also ordered Defendants to show cause within thirty days as to why judgment in favor of ADA on its breach of contract claim is not appropriate. This was ordered because it was shown in the briefing that Defendants had materially breached the settlement agreement.

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