Mahatma Gandhi was once asked what he thought about Western civilization. “I think,” he replied, “that it would be a very good idea”.

Cases

Riesett v. Mayor and City Council of Baltimore

(Trademark; Copyright)

Court: United States District Court for the District of Maryland

When the City of Baltimore threatened to sue our client over ownership of the copyrights and trademarks associated with her “Show Your Soft Side” anti-animal abuse advertising campaign, Astrachan Gunst Thomas filed a complaint for declaratory relief. After defeating the City’s motion to dismiss and engaging in discovery, the case settled with our client securing her rights in the copyrights and trademarks associated with the campaign.

In the Matter of Yoga Vida NYC, Inc. v. Commissioner of Labor

(Employment/Tax)

Court: New York Court of Appeals

In a published decision, New York’s highest appellate court ruled in favor of Astrachan Gunst Thomas’ client—Yoga Vida NYC, Inc., reversing the Appellate Division and the Unemployment Insurance Appeal Board. The New York Court of Appeals determined, after holding oral argument on the matter (in Albany!), that non-staff yoga instructors were independent contractors. Consequently Yoga Vida NYC, Inc. was not required to pay unemployment contributions for those individuals. This case had broad impact on the engagement of independent contractors in New York state.

First Action Security Team, Inc. v. Ross Security Systems, Inc.

(Trademark)

Court: United States District Court for the District of Maryland

Astrachan Gunst Thomas filed a complaint for declaratory judgment and breach of contract on behalf of First Action Security Team, Inc. against one of its dealers who was claiming ownership of the DYNAMARK mark and who was using the mark in a manner that exceeded the scope of his license. The matter was resolved favorably following mediation.

Lisa Masson dba Lisa Masson Photography v. Prizer-Painter Stove Works, Inc.

(Copyright)

Court: United States District Court for the District of Maryland

Represented photographer Lisa Masson in a copyright dispute concerning Prizer’s unauthorized use of her commercial photographs. Ms. Masson sued for copyright infringement and sought statutory damages for willful infringement. Ms. Masson prevailed on Prizer’s motion to dismiss for failure to join indispensable parties (due to the photos containing third party trademarks) and the matter resolved favorably soon thereafter.

Everest Wealth Management, Inc. v. Christopher J. Kirk and Kirk Financial Group, LLC

(Trade Secrets, Restrictive Covenant, Employment)

Court: Circuit Court for Baltimore County

Astrachan Gunst Thomas filed suit and promptly secured an order granting expedited discovery and a TRO barring the defendants from hosting a weekly radio show, using or disclosing any Everest Wealth Management trade secrets, or otherwise violating the terms of a restrictive covenant agreement between the parties. The dispute was resolved soon thereafter.

Sheri O’Connell v. Rand Mortimer

(Estate Litigation)

Courts: Circuit Court for Queen Anne’s County and Orphan’s Court for Queen Anne’s County

Astrachan Gunst Thomas filed a Petition to Caveat a Will in the Orphan’s Court and soon thereafter a complaint in Circuit Court alleging undue influence and related claims. Both matters were favorably resolved following mediation.

Bayview Pharmacy, Inc. v. Eastern Avenue Pharmacy and Medical Equipment, LLC

(Trademark)

Court: United States District Court for the District of Maryland

Astrachan Gunst Thomas protected its client’s registered trademark, BAYVIEW PHARMACY, by filing a trademark infringement complaint and negotiating a settlement requiring, among other terms, that defendants change the signage on Bayview Square shopping center.

Hands-On Construction, Inc. v. Hands On Painters, Inc.

(Trademark)

Court: United States District Court for the District of Maryland

Astrachan Gunst Thomas successfully defended this trademark dispute between two long-standing Baltimore-area businesses. The matter resolved favorably following mediation with Hands On Painters being able to continue to use its mark in connection with its core business—painting and related services—and creating a new mark for its handyman services.

The KEYW Corporation v. Ion Calin Constantinescu

(Trade Secrets, Restrictive Covenants, Employment)

Court: Circuit Court for Anne Arundel County

Astrachan Gunst Thomas obtained a TRO and permanent injunction, recovered all company documents, took the deposition of the former employee defendant, and negotiated a complete resolution of this trade secret and breach of contract matter within approximately ten days.

First Mariner Bank v. The Resolution Law Group, P.C. et al.

(False Advertising, Defamation, Unfair Competition)

Court: United States District Court for the District of Maryland

Astrachan Gunst Thomas filed suit on behalf of First Mariner Bank to stop The Resolution Law Group from distributing false and misleading statements about First Mariner’s business in order to obtain clients. The Court entered permanent injunctions against The Resolution Law Group and its founder prohibiting them from, among other things, directly or indirectly engaging in any commercial advertising or promotion in which the conveyed message is that First Mariner has engaged in any form of illegal, fraudulent, unethical or improper conduct. The Court also awarded First Mariner over $300,000 in attorneys’ fees.

Brian Schneider Photography v. C&G Sports Management, LLC, et al.

(Copyright)

Court: United States District Court for the District of Maryland

When a professional arena football team reproduced and displayed photographs taken by a professional sports photographer without permission from, or payment to, the photographer, Astrachan Gunst Thomas filed suit for copyright infringement on behalf of the photographer against the team. The Court ordered the team to permanently cease reproducing or displaying the photographs and, because the infringement was willful, awarded the photographer damages pursuant to the Copyright Act in the amount of $450,000.

LM Restaurants, Inc. v. DMC Enterprises, Inc.

(Trademark)

Court: United States District Court for the District of Maryland

Astrachan Gunst Thomas represented the defendant in this trademark infringement case involving use of a design mark for a local restaurant.

Wothke v. Stewart, et al.

(Trademark)

Court: United States District Court for the District of Maryland
Astrachan Gunst Thomas represented the plaintiff in this trademark infringement case involving the break-up of a Celtic band.

Rosez Rentals, Inc. v. True Value Company

(Trademark)

Court: United States District Court for the District of Maryland

Astrachan Gunst Thomas represented the plaintiff in this declaratory judgment action concerning plaintiff’s use of the trademark PARTY PLUS RENTALS in connection with the rental of tents, tables, linens, chairs and other equipment and supplies for parties and events. The matter settled favorably.

Al Farooq Foundation, Inc. v. Gulamnabi Vahora et al.

(Real Property)

Court: Circuit Court for Baltimore County

Astrachan Gunst Thomas represented Al Farooq Foundation, Inc. in litigation over ownership of the real property on which Al Farooq’s mosque (Masjid Fatima) is located. Following a three-week bench trial, the court imposed a constructive trust on the property in favor of Al Farooq. This action saved the property from being sold to a local car dealership and enabled hundreds of families to continue to worship at Masjid Fatima.

Teal Bay Alliances, LLC v. Southbound One, Inc.

(Trademark and Unfair Competition)

Court: United States District Court for the District of Maryland

Astrachan Gunst Thomas defended at trial Southbound One against trademark infringement and unfair competition claims brought by Teal Bay arising out of Southbound One’s use of the mark “Shorebilly” for its brewery and restaurant services and related merchandise sales. After a bench trial, Astrachan Gunst Thomas obtained a judgment in favor of our client dismissing all of Teal Bay’s claims against it, ordering the cancellation of Teal Bay’s trademark registration for the “Shorebilly” mark and awarding Southbound One costs and legal fees (the first awarded in a trademark case in this District following the U.S. Supreme Court’s Octane Fitness decision). Teal Bay appealed the decision to the Fourth Circuit Court of Appeals and the matter settled favorably for Astrachan Gunst Thomas’ client thereafter, with Astrachan Gunst Thomas’ client retaining the right to use and register the “Shorebilly” mark for its brewery and restaurant services and related merchandise sales.

Potomac Conference Corp. of Seventh-Day Adventists v. Takoma Academy Alumni Assoc., Inc.

(Trademark)

Court: United States District Court for the District of Maryland

Following a two day evidentiary hearing, Astrachan Gunst Thomas and Bouland and Brush obtained preliminary injunctive relief for their client – and a 62 page reported opinion.

Wm. F. Duffy, et. al. v. The Large Art Co.

(Copyright and Right of Publicity)

Court: United States District Court for the Middle District of Pennsylvania

Astrachan Gunst Thomas successfully defended this claim for copyright infringement and right of publicity misappropriation and obtained valuable rights for our client in settlement.

Everest Wealth Management v. John Doe and Doe, Inc.

(Defamation)

Court: United States District Court for the District of Maryland

Astrachan Gunst Thomas’ client claimed it was defamed by an anonymous post on a financial website. Astrachan Gunst Thomas filed an action and the Court authorized discovery to enable us to learn the identity of the poster. The matter quickly settled.

Lee Real Estate Advisors, LLC, et. al. v. O’Neill Properties Group, L.P., et. al.

(Copyright)

Court: United States District Court for the Eastern District of Pennsylvania

Astrachan Gunst Thomas filed suit for copyright infringement over use of architectural plans for the Philadelphia Regional Produce Market, representing the plaintiffs, an architectural firm and a developer. The matter was successfully and confidentially resolved without the need for trial following mediation sessions before a federal magistrate judge.

Broader Healthcare Solutions, LLC, et al. v. Intellicost Enterprises, Inc. and Hertzbach & Company, P.A.

(Fraud)

Court: United States District Court, E.D.N.Y.
and Circuit Court for Baltimore County

Astrachan Gunst Thomas defended Intellicost and Hertzbach and won dismissal of the plaintiff's $4 million damage claims in New York. After plaintiff refiled in Maryland, Astrachan Gunst Thomas counter-sued, and won a $400,000 award following a bench trial against all counter-defendants.

Everest Wealth Management, Inc. v. Lance Scott et al.

(Misappropriation of Trade Secrets; Breach of Restrictive Covenants)

Court: Circuit Court for Baltimore County

Astrachan Gunst Thomas represented Everest Wealth Management, Inc. and obtained a temporary restraining order against former employees for misappropriation of trade secrets and breach of restrictive covenants.

The Tire Network, Inc. v. Goodyear Tire and Rubber Company

(Trademark; Breach of Settlement)

Court: United States District Court for the District of Maryland

Trademark and breach of settlement action brought by Astrachan Gunst Thomas against Goodyear resulting in payment of all legal fees, discontinuance of use of the infringing mark in Maryland and any state in which our client subsequently establishes a retail location.

Jewish Recovery Houses, Inc. v.Brett Goldenberg et al.

(Service Mark)

Court: United States District Court for the District of Maryland

Service mark infringement claims brought by Astrachan Gunst Thomas client resulted in favorable settlement and a consent decree.

Marlow L. Bates, Sr. v. Samsung Electronics America, Inc.,
LG Electronics U.S.A., Mitsubishi Electric & Electronics USA, Inc., and Panasonic Electric Works Corp. of America

(Copyright)

Court: United States District Court for the District of Maryland

Copyright infringement claims against Astrachan Gunst Thomas’ four clients related to infringement of 3-D television were dismissed by the court on our motion to dismiss.

(Affirmed by the United States Court of Appeals for the 4th Circuit.)

David Brooks v Maryland Health Insurance Plan

(Administrative Law)

Court: Court of Special Appeals

Court held that Astrachan Gunst Thomas’ client was denied due process of law when MHIP revoked his health insurance without an evidentiary hearing before a neutral arbiter on his Maryland residency.

First Mariner Bank v. Nationwide Biweekly Administration, Inc.

(Service Mark; Bank Mark)

Court: United States District Court for the District of Maryland

Astrachan Gunst Thomas prevented a financial institution from using First Mariner's name in solicitations of services in Maryland and elsewhere.

Anthony McCauley et al. v. Caveo Network Solutions, Inc. et al.

(Defamation; Tortious Interference; Breach of Duty)

Court: Circuit Court for Frederick County

At the conclusion of a 4 day trial, the court found in favor of Astrachan Gunst Thomas’ clients on all claims against them and entered judgment of $248,765.13 compensatory and $250,000 punitive damages on counterclaims, including defamation, tortious interference, and breach of duty.

Rosebud Entertainment, LLC v. ABC Design & Promotion, et al.

(Copyright and Trademark)

Court: United States District Court for the District of Maryland

Astrachan Gunst Thomas prevented a manufacturer and seller of plaques from using art and content from our client's publication, and use of its trademark, to sell plaques to people featured in our client's Baltimore Magazine.

Rosebud Entertainment, LLC v. That's Great News, LLC, et al.

(Copyright and Trademark)

Court: United States District Court for the District of Maryland

After settling an infringement action for violations of Baltimore Magazine’s marks and copyright, defendant violated the copyrights and marks of plaintiff’s Baltimore Bride Magazine. This time, plaintiff obtained a substantial, out of court, settlement and injunction.

EMI Media, Inc. v. That's Great News, LLC, et al.

(Copyright and Trademark)

Court: United States District Court for the District of Maryland

Astrachan Gunst Thomas prevented a manufacturer and seller of wall plaques from using art and content from our client's publication, and use of its trademark, to sell plaques to people featured in our client's Baltimore SmartCEO  magazine and Baltimore Magazine.

e-Complish, LLC v. Public Communications Services, Inc.

(Copyright; Circumvention of Copyright Protection System)

Court: United States District Court for the District of Maryland

Astrachan Gunst Thomas represented e-Complish, LLC ("e-Complish"), a Maryland website design company, against Public Communications Services, Inc. ("PCS"), a California corporation, alleging that PCS used e-Complish's software to operate the PCS website without permission. A confidential settlement of the case was reached shortly thereafter.

Nichols Agency, Inc. v. Enchanted Child Care, Inc.

(Copyright; Unfair Competition; and Breach of Contract)

Court: United States District Court for the District of Maryland

Astrachan Gunst Thomas represented the defendant and successfully caused the breach of contract claim and the unfair competition claim to be dismissed by the court based on copyright preemption.

DCI v. Union Wharf, LLC

(Design Services Contract)

Court: Circuit Court for Baltimore City

Following a week-long trial on complex commercial contract issues in front of the Honorable Stuart R. Berger in the Circuit Court for Baltimore City, Astrachan Gunst Thomas' client, Design Collective, Inc., prevailed on all counts and counterclaims, and was awarded all damages sought, including professional architectural service fees for the design of a 125,000 square foot commercial office building that the defendant wrongfully refused to pay. The decision was affirmed on appeal to the Court of Special Appeals.

Confidential

(Copyright; Architectural Works)

Court: United States District Court for the District of Maryland

Astrachan Gunst Thomas represented an architecture firm whose designs and site plan were used to develop a multi-unit townhouse development in Baltimore. The case was resolved following mediation before a federal magistrate judge and Astrachan Gunst Thomas’ client received a large settlement.

Cumberland Broadcasting Company, et al. v. Williams J. AuMiller, Superintendent of Schools Allegany County, et al.

(First Amendment-Media)

Court: United States District Court for the District of Maryland

After it established violations of the First and Fourteenth Amendments at an evidentiary hearing, Astrachan Gunst Thomas obtained a preliminary injunction to prevent a county school board and its superintendent from excluding two radio stations from access to county property, news reports and participation in a scholarship program after school board officials were offended by the critical content of the stations' news regarding school safety.

Dr. X v. John Wiley & Sons

(Right of Publicity)

Court: United States District Court for the District of Maryland

Astrachan Gunst Thomas obtained an award for violation of a doctor's right of publicity when a national publisher used his name as the author of its new "For Dummies" book without authorization.

Maryland Health Enterprises, Inc. v. Healthcare System Connections, Inc., et al.

(Copyright)

Court: United States District Court for the District of Maryland

Astrachan Gunst Thomas settled, without liability, a copyright case against its client, a health care entity, accused of infringing software.

The Family Research Group, Inc. v. B-More Informed, LLC

(Trade Secrets; Restrictive Covenant)

Court: Circuit Court for Baltimore County

Following an evidentiary hearing, Astrachan Gunst Thomas obtained a TRO and preliminary injunction prohibiting competition and use of trade secrets removed from company computers. The case was then settled.

1st Mariner Bank v. Affiliated Mortgage Protection, et al.

(Trademark)

Court: United States District Court for the District of Maryland

Astrachan Gunst Thomas represented a bank whose name was used in mail solicitations for mortgage insurance. A consent order quickly resolved this case.

Confidential

(Employment Discrimination Litigation)

Court: United States District Court for the District of Maryland

Following more than four years of EEOC discrimination charges and federal employment discrimination litigation, Astrachan Gunst Thomas' client was exonerated. A complex case against Astrachan Gunst Thomas' client, a Baltimore advertising and communications agency, asserting pregnancy discrimination, unlawful retaliation, violation of the Family and Medical Leave Act and the Americans With Disabilities Act was dismissed by the United States District Court for the District of Maryland after the parties reached settlement. In the settlement agreement, the plaintiff expressly concedes that Astrachan Gunst Thomas' client engaged in no wrong-doing. Attorneys’ fees, as sanctions, were twice awarded to our client.

Confidential

(Trademark Counterfeiting; Infringement and Dilution; Unfair Competition)

Court: United States District Court for the District of New Jersey

Astrachan Gunst Thomas represented a multi-location gasoline service station operator, accused of purchasing and selling tobacco products bearing counterfeit marks. Astrachan Gunst Thomas secured a court order vacating a temporary injunction against Defendants and defeated Plaintiff's request for a preliminary injunction, which led to the eventual settlement of the matter.

Applera Corp. v. Alpha Genesis, LLC

(Opposition proceeding before the Trademark Trial and Appeal Board)

Astrachan Gunst Thomas represented the applicant in an opposition proceeding before the Trademark Trial and Appeal Board. Following discovery, Astrachan Gunst Thomas negotiated a withdrawal and dismissal of the opposition action, allowing the applicant's mark to be registered.

Stone Care International, Inc. v. PMC Stonecare Enterprises, Inc., et al.

(Trade Dress Infringement)

Court: United States District Court for the District of Maryland

Astrachan Gunst Thomas represented the Plaintiff in a trade dress infringement action against Defendants, alleging infringement of Plaintiff's packaging for its stone and tile care products. The case was settled with the Defendants agreeing to change its product packaging.

LabWare, Inc. v. ThermoLabsystems, Inc.

(False Advertising and Breach of Contract)

Court: United States District Court for the Eastern District of Pennsylvania

Astrachan Gunst Thomas represented the Plaintiff in a false advertising case charging a competitor with false product claims and breach of a previously existing settlement agreement. An initial lawsuit was resolved by settlement with the Defendant agreeing to withdraw many of its ad claims. Six months later, Astrachan Gunst Thomas represented the Plaintiff in a second suit against the Defendant alleging breach of the settlement agreement and additional false advertising claims. Astrachan Gunst Thomas obtained preliminary injunctive relief and, at trial, obtained a judgment for breach of the settlement agreement, the advertising claims having become moot.

United States Surgical Corporation v. Linvatec Corporation

(Proceeding before the Trademark Trial and Appeal Board)

Astrachan Gunst Thomas represented United States Surgical Corporation, a member of the Tyco Healthcare Group (a Tyco International Ltd. Company), as Opposer, in an opposition proceeding before the Trademark Trial and Appeal Board, and obtained a settlement pursuant to which the Applicant agreed to cease use of its mark and abandon all applications to register its mark.

Davis Media Group, Inc. v. Best Western International, Inc.

(Breach of Agency-Client Contract)

Court: United States District Court for the District of Arizona

Represented by Astrachan Gunst Thomas, Davis Media Group filed a lawsuit against its former client, Best Western International, Inc., charging it with breach of an advertising contract. Astrachan Gunst Thomas recovered close to $1.5 million in damages for Davis Media Group and others.

Poetry.com v. American Poets Society, Inc.

(Trademark; Unfair Competition and Copyright)

Court: United States District Court for the District of Maryland; United States Bankruptcy Court of Maryland

Represented by Astrachan Gunst Thomas, Poetry.com sued for unfair competition and copyright infringement, charging that several of the Defendant's marketing and promotional pieces were copies of Poetry.com's intellectual property. Astrachan Gunst Thomas' aggressive pursuit of its client's rights resulted in the Defendant filing for bankruptcy protection, payment of a monetary settlement and discontinuance of the Defendant's infringing activities.

Applied Signal & Image Technology, Inc. v. Harlesyville Mutual Insurance Co.

(Insurance Coverage)

Court: United States District Court for the District of Maryland
Applied Signal & Image Technology v. Harlesyville Mutual Insurance Co. 216 F.Supp. 2d 534 (D. Md. 2002) (denying of Defendant's motion for additional discovery); 252 F.Supp. 2d 215 (D. Md. 2003) (granting Plaintiff's motion for summary judgment).

When insurance carrier Harlesyville Mutual Insurance Co. denied coverage under the advertising injury provisions of Astrachan Gunst Thomas’ client's General Commercial Liability Policy, Astrachan Gunst Thomas brought suit to recover fees and costs incurred by the client in defending a shareholder suit alleging right of privacy violations and other claims. Trial resulted in a judgment for our client, requiring Harlesyville to pay all fees and costs incurred by Astrachan Gunst Thomas’ client in the underlying shareholder suit, as well as all fees and costs incurred in the suit against Harlesyville to enforce its duty to defend under the insurance policy.

W.B. Doner & Company v. Proving Ground Media LLC

(Advertising Agency-Breach of Fiduciary Duty)

Court: United States District Court for the District of Maryland

Astrachan Gunst Thomas represented advertising agency W.B. Doner & Company in litigation against former employees and a company that they had organized to compete with W.B. Doner. The parties ultimately resolved the matters that triggered the lawsuit. The terms of the settlement are confidential.

Arena Football League, LLC v. Armand F. Lange & Associates

(Trademark-Domain Name)

Matter proceeded in the National Arbitration Forum

When the Arena Football League sought transfer of Armand F. Lange's domain name, afl.com, Astrachan Gunst Thomas secured a decision preventing transfer of the domain name. Astrachan Gunst Thomas established Mr. Lange's good faith registration of his personal initials in a domain name for his consulting business, and established that the name was not confusingly similar to Arena's trademark, AFL.

Xavier Health Care Services, Inc. v. NPF VIII et al.

(Medicare Factoring)

Court: United States District Court for the District of Maryland

Astrachan Gunst Thomas represented Xavier Health Care Services, Inc., which charged that National Century Financial Enterprises had entered into an illegal Medicare and Medicaid receivables factoring arrangement with nursing homes. The case concluded after NPF filed for bankruptcy amidst government investigations of its improper conduct.

Baltimore Neighborhoods, Inc., et al. v. The Richards Group of Washington Limited Partnership

(Fair Housing)

Court: United States District Court for the District of Maryland

When an Anne Arundel County residential developer launched plans to build a housing community in violation of fair housing laws, Astrachan Gunst Thomas, together with two other Baltimore firms, sued on behalf of a fair housing advocacy group and two disabled citizens to force the developer to redesign its construction plans to assure that disabled citizens could enjoy equal access to the properties. This case was settled favorably for our clients.

National Board for Certification in Occupational Therapy v. Occupational Therapy Certification Board of America

(Trademark)

Court: United States District Court for the District of Maryland

Astrachan Gunst Thomas defended an organization that certifies occupational therapy practitioners against a rival organization that sued it for trademark infringement and unfair competition. Astrachan Gunst Thomas defended our client's right to provide certification services to the occupational therapy profession and to fairly and accurately report the public records of state occupational therapy regulatory boards, and ultimately settled the matter.

Rose Art Industries, Inc. v. Raymond Geddes and Co., Inc.

(Trade Dress and Trade Secrets)

Court: United States District Court for the District of New Jersey; Court of Appeals for the Third Circuit
Rose Art Industries, Inc. v. Raymond Geddes and Co., 31 F. Supp. 2d 367 (D.N.J. 1998), rev'd, 235 F.3d 165 (3rd Cir. 2000)

Astrachan Gunst Thomas defended trade dress infringement and trade secret claims brought against our client by a competitor that sought a preliminary injunction prohibiting our client from distributing crayon, marker and pencil products in packaging that the Plaintiff alleged infringed its packaging and trade dress. The competitor also charged our client with violating its trade secrets in connection with our client's award of a supply contract by a major customer. Following expedited but extensive discovery, Astrachan Gunst Thomas defeated the competitor's motion for preliminary injunction and the competitor appealed. The case settled with no monetary or other loss to our client.

Raymond Geddes and Co., Inc. v. Brethren Mutual Ins. Co.

(Insurance Coverage)

Court: Circuit Court of Maryland for Baltimore County

Astrachan Gunst Thomas obtained summary judgment and subsequently recovered over $200,000 in costs and fees from the defendant insurance carrier under the advertising injury provisions of Astrachan Gunst Thomas’ client's General Commercial Liability Policy to reimburse our client for the legal fees and expenses that it incurred in our successful defense of a trade dress infringement suit brought against it.

GrandBanks Yachts, Pte. Ltd., et al. v. Composite Structures, Inc., et al.

(Unfair Competition and Trade Secrets)

Court: United States District Court for the Middle District of Florida (Tampa Division)

Astrachan Gunst Thomas filed suit on behalf of our client, GrandBanks Yachts, a well-known manufacturer and seller of motor yachts, against a yacht dealer who once sold GrandBank yachts and controlled a GrandBanks yacht owners’ association. After GrandBanks terminated its business relationship with the Defendant, the Defendant sued GrandBanks for theft of trade secrets and Grandbanks counter sued for trademark infringement. The matter was settled prior to trial in favor of Grandbanks.

GrandBanks Yachts, Pte. Ltd., et al v. Oviatt Marine, Inc., et al.

(Trademark and Unfair Competition)

Court: United States District Court for the Southern District of Florida

Astrachan Gunst Thomas filed suit on behalf of our client for trademark infringement and unfair competition against a competitor who was using marks confusingly similar to the marks of GrandBanks, a well-known manufacturer and seller of motor yachts. Astrachan Gunst Thomas secured a mediated settlement of the dispute, through which the Defendant agreed to cancel its federal registration of a mark confusingly similar to GrandBanks' trademark and to cease use of marks confusingly similar to GrandBanks' marks.

GrandBanks Yachts, Pte. Ltd., et al. v. Old European Brewery Company

(Trademark)

Trademark Trial and Appeal Board - Opposition Proceeding

Astrachan Gunst Thomas filed an Opposition Action on behalf of GrandBanks, opposing registration of the mark GRAND BANKS TRADERS for beer. Astrachan Gunst Thomas secured a settlement under which Old European Brewery agreed to abandon its application to register the mark GRAND BANKS TRADERS and agreed to refrain from using any mark confusingly similar to our client's GRAND BANKS mark.

In Re: Indenture of Helen Clay Frick

(Archive Retention-Breach of Trust Agreement)

Court: Court of Common Pleas of Allegany County, Pennsylvania

Astrachan Gunst Thomas litigated in Pittsburgh to prevent the relocation to New York City’s The Frick Collection of the extensive archives of the turn-of-the-century industrialist and art collector Henry Clay Frick and his family, and to assure that the archives -- an historical treasure of the Pittsburgh region -- stay put. As a result, the archives pertaining to Pittsburgh and presence of Henry Clay Frick in that region remain in Pittsburgh.

D'Leo v. Merritt, et al.

(Copyright)

Court: United States District Court for the District of Maryland

Astrachan Gunst Thomas successfully defended a real estate developer and an architect who were accused of infringing another architect's building plans for a suburban office building. We did it by acquiring the allegedly infringed plans from the bankruptcy estate of the plaintiff, who had failed to list these plans as an asset of the estate.

ComputerTraining.com v. Advanced Computer Technology Training

(Trademark and Copyright Infringement)

Court: United States District Court for the District of Maryland

When ComputerTraining.com sued ACTT for infringement based on ACCT's use of the generic term "computer training" in a domain name, Astrachan Gunst Thomas successfully obtained the dismissal of all counts asserted against our client.

FiberPlus, Inc. v. Communications Technology, Inc.

(Breach of Contract)

Arbitrated through the American Arbitration Association

When a large contractor failed to pay over a million dollars on a large government contract to our client, FiberPlus, Inc., a full-service telecommunications company, Astrachan Gunst Thomas pursued a claim in arbitration against the contractor. Within approximately four months, the matter was resolved favorably through settlement.

Newport Mobil Service, Inc. v. ConocoPhillips Co., et al.

(Petroleum Marketing Practices Act and Breach of Contract)

Court: United States District Court for the District of New Jersey

Astrachan Gunst Thomas represented a collection of service station dealers who charged that ConocoPhillips and Getty Petroleum Marketing violated their service station dealers' rights under the Petroleum Marketing Practices Act and breached terms of the supply agreements between the dealers and ConocoPhillips by overpricing for gasoline and wrongfully assigning their supply agreements to Getty Petroleum, which seeks to rebrand their stations as LUKOIL. Astrachan Gunst Thomas negotiated a settlement that permitted the dealers to terminate their long-term supply agreements and obtain product on more favorable terms from other suppliers.

Newport Mobil Service, Inc. v. ConocoPhillips Co.

(Breach of Contract)

Court: United States District Court for the District of New Jersey

In litigation that preceded this lawsuit brought against ConocoPhillips and Getty, Astrachan Gunst Thomas represented a collection of New Jersey and Pennsylvania service station dealers who complained that ConocoPhillips had reneged on its promise to sell them their service station locations at prices well below the prices that ConocoPhillips was then demanding from the dealers. Astrachan Gunst Thomas secured a settlement under which the dealers were given the option of either purchasing their service stations at reduced prices or accepting individual settlements amounting to hundreds of thousands of dollars to each service station dealer.

Shahbazi v. Equilon Enterprises, LLC

(Unfair Pricing-Petroleum)

Court: Superior Court of Monterey County, California

Astrachan Gunst Thomas represented a California-based gasoline distributor, Peninsula Petroleum, LLC, in a state court suit brought by a multi-location service station dealer against Peninsula Petroleum and Shell Oil Company, charging them with discriminatory and unfair pricing practices. After extensive discovery, Astrachan Gunst Thomas succeeded in obtaining summary judgment dismissing all claims brought against our client, and our principals attended racing school with Mario Andretti.

DSMCi v. Convera Corp. and National Geographic Television Library

(Copyright and Trade Secret)

Court: United States District Court for the District of Columbia; Court of Appeals for the District of Columbia
DSMCi v. Convera Corp., 347 F 3d. 679 (D.C.Cir. 2003)

Astrachan Gunst Thomas represented Plaintiff, a business providing digitizing, cataloging, archiving and hosting services to media organizations with extensive audio and video libraries, in a trade secrets and copyright action against the Defendants, asserting that they conspired to steal and wrongfully reverse engineer DSMCi's intellectual property. In a unanimous decision authored by now Chief Justice John Roberts, the Court of Appeals for the D.C. Circuit rejected the Defendants' argument that their dispute should be referred to arbitration, clearing the way for the litigation to continue in federal district court. The case was then resolved through a confidential settlement agreement following numerous mediation sessions before a federal magistrate judge.

Curtis Jefferson, et al. v. Andre Young (a.k.a. Dr. Dre), et al.

(Copyright)

Court: Circuit Court for Baltimore County

When two Baltimore rap music artists obtained a $43 Billion (no, that's not a typo) judgment against well known rap artist Andre Young a.k.a Dr. Dre, Astrachan Gunst Thomas succeeded in getting the judgment vacated.

Confidential Arbitration

(Breach of Contract-Technology)

Astrachan Gunst Thomas’ client, an emerging technology company providing infrastructure services, was left high and dry when its largest customer suddenly failed to make payment and breached its contract. Astrachan Gunst Thomas filed an arbitration action and obtained a multi-million dollar arbitration award for our client for breach of contract, including an award of attorneys' fees and costs incurred in the arbitration.

(Confidential)

(Trademark)

A retailer of lingerie with multiple brick and mortar stores in the northeastern United States and a nationwide web store brought an unfair competition and trademark infringement action against our client, which operated a retail lingerie store in Maryland under the same mark as the Plaintiff. The suit sought injunctive relief, damages and attorneys' fees from Astrachan Gunst Thomas’ client. Astrachan Gunst Thomas secured a settlement under which our client was able to continue using the disputed trademark and the Plaintiff was required to amend its pending federal trademark application to acknowledge the concurrent lawful use of the mark by our client.