Inst. for Sci. Inf. v. Gordon and Breach

4 Citing cases

  1. Institute for Sc. Inf. v. Gordon Breach

    931 F.2d 1002 (3d Cir. 1991)   Cited 169 times
    Holding plaintiff abandoned its breach of contract claim on appeal

    The district court granted defendant's motion, and plaintiff filed this appeal. 743 F. Supp. 369. The district court had jurisdiction over plaintiff's federal trademark claims under 28 U.S.C. § 1338 (1988), and pendent jurisdiction over plaintiff's state claims.

  2. Ash Equipment Co., Inc. v. Rampart Hydro Services, Inc.

    11cv0204 (W.D. Pa. May. 12, 2011)

    Pennsylvania's common law tort of unfair competition has the same standard as § 43(a). Institute for Scientific Info. v. Gordon and Breach, 743 F.Supp. 369, 373 (E.D. Pa. 1990), vacated on other grounds, 931 F.2d 1002 (3d Cir.), cert. den., 502 U.S. 909 (1991). Accordingly, the following discussion addresses both federal and state claims.

  3. First Keystone Bank v. First Keystone

    923 F. Supp. 693 (E.D. Pa. 1996)   Cited 33 times

    Pennsylvania's common law tort of unfair competition has the same standard as § 43(a). Institute for Scientific Info. v. Gordon and Breach, 743 F. Supp. 369, 373 (E.D.Pa. 1990), vacated on other grounds, 931 F.2d 1002 (3d Cir.), cert. denied, 502 U.S. 909, 112 S.Ct. 302, 116 L.Ed.2d 245 (1991). Accordingly, the following discussion addresses both federal and state claims.

  4. Rockland Mortg. v. Shareholders Funding

    835 F. Supp. 182 (D. Del. 1993)   Cited 16 times
    Holding that extensive advertising campaigns and substantial sales evidence commercial strength

    In the Third Circuit, "[c]ontinued use of words that are claimed to infringe, even after notice of the claim, is not evidence of bad faith." Institute for Scientific Info., Inc. v. Gordon Breach, 743 F. Supp. 369, 372 (E.D.Pa. 1990). See also Andy Warhol Enterprises, Inc. v. Time, Inc., 700 F. Supp. 760, 766 (S.D.N.Y. 1988) (bad faith will not be found merely from the fact "defendant did not abandon its project at plaintiff's suggestion").