Action under the Lanham Act for trademark infringement and unfair competition. Motion to dismiss amended complaint denied. Amended complaint sufficient to state a Lanham Act claim and claim for preliminary injunction.Download PDF Romeo and Juliette Laser Hair Removal, Inc v. Assara Laser 1, LLc.
Judgment creditor brought action to pierce the corporate veil of defendant corporations under Delaware law on an alter-ego theory and to enforce default judgment against individual defendants. In order to pierce the corporate veil on an alter-ego theory plaintiff must show the corporation and its controlling principals operated as a single economic entity and that overall unfairness, injustice or fraud is present. Construing the complaint in favor of plaintiff, the defendants’ motion to dismiss for failure to plead a cause of action was denied.Download PDF Tradewinds Airlines, Inc. v. Soros
Action for a preliminary injunction by hospital against its excess insurance carrier American International Group to restrain AIG and payor bank from drawing upon or honoring a letter of credit purchased by hospital to secure payment of insurance premiums. The only basis for the purchaser of a letter of credit to defeat payment on the letter of credit is to demonstrate fraud in procuring the letter of credit or in the payment thereon. Plaintiff failed to demonstrate a probability of success on the merits of its fraud claim and the action was dismissed.Download PDF Lenox Hill Hospital v. American International Group