Category Archives: World Events
“This Action stems from Plaintiff Zosma Ventures, Inc.’s (“Plaintiff”) trademark infringement dispute with Defendants Mojdeh Nazari (“Nazari”), Viva Pharmaceutical, Inc. (“Viva”), and American Export Lines, Inc. (“AEL”) (collectively, “Defendants”).1
Plaintiff is a Delaware corporation that is in the business of selling dietary and nutritional supplements, such as fish oil supplements, through its subsidiary company, Formulated Sciences, Inc. (“Formulated Sciences”), a California Corporation. Plaintiff is the trademark holder of various Formulated Sciences trademarks (“Zosma Trademarks”), including the mark FORMULATED SCIENCES, that are at issue in this Action.
Plaintiff alleges that Defendant Nazari was previously the exclusive licensee of its products in the Middle East between 2003 and 2008. However, Plaintiff alleges that in 2008, Defendant Nazari ceased communications with Plaintiff, reneged on a purchased order, and discontinued her rights to use Plaintiff’s trademark.
Plaintiff alleges that in 2010, it learned that counterfeit fish oil products bearing the Zosma Trademarks were being sold in Iran, and suspected that Defendant Nazari was involved. Some of the nutritional supplements allegedly bear the name “FormAlated Sciences.” Further, in December 2011, Defendant Givi (who has since been dismissed from this Action) allegedly submitted a trademark application to the USPTO for the mark FORMATIVE SCIENTISTS, which was denied.
Plaintiff claims that Defendants operated a multinational counterfeiting scheme with its nerve center in Los Angeles involving fish oil products. Plaintiff alleges that Defendants Nazari and Givi utilized a manufacturer, Defendant Viva, located in British Columbia, to produce fish oil products that were labeled with Plaintiff’s trademarks or marks confusingly similar to Plaintiff’s trademarks. Plaintiff alleges that once Viva completed manufacture of the fish oil products, the goods were shipped to Iranthrough the United States by AEL.
In its Complaint, Plaintiff alleges claims for (1) federal trademark infringement and counterfeiting under the Lanham Act; (2) unfair competition and false designation under the Lanham Act; (3) federal trademark dilution under the Lanham Act; (4) common law trademark and trade name infringement; (5) California trademark dilution; and (6) California state law unfair competition.”
ZOSMA VENTURES, INC. v. NAZARI No. CV 12-1404 RSWL (FFMx).
“Service of process on Defendants’ attorneys was improper, and to the extent that Plaintiffs’ brief asks the court to authorize service on Defendants’ attorneys under Rule 4.1, that request is unsupported by case law authority and is denied.2 In order to proceed, Plaintiffs must effect proper service on the Farmers and GC. The court recognizes Plaintiffs’ frustration with being forced to serve parties it believes have acted in concert with parties to the original case, but allowing circumvention of proper service here would necessitate assuming the correctness of the facts alleged in Plaintiffs’ motion for contempt. The court cannot do so. The motion to quash service is GRANTED.”
AVIARA PARKWAY FARMS, INC. v. AGROPECUARIA LA FINCA Case No. 8-cv-2301-JM-BLM.
In re Marriage of Davis:
Pull up the actual PDF text of the California Supreme Court’s ruling–click below:
It appears that “Living separate and apart” will still require the additional objective showing of the “subjective intent to end the marital relationship.”
“From this survey of the history of section 771(a) and its predecessor statutes, as judicially construed, we are convinced that the Legislature intended the statutory phrase “living separate and apart” to require both separate residences and accompanying demonstrated intent to end the marital relationship. Consistent with the statute’s history and the developed standard articulated by the case law, we hold that “living separate and apart” refers to a situation in which spouses are living in separate residences and at least one of them has the subjective intent to end the marital relationship, which intent is objectively evidenced by words or conduct reflecting that there is a complete and final break in the marriage relationship.”
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