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BlackIrish · 11-01-2009, 03:30 PM

Couple of things:

The suit is for trademark infringement, not copyright infringement.

Under the federal trademark act, a prevailing party can, but does not automatically, recover both attorney's fees and costs.

Tatuaje sued first in federal court in LA, on August 21, 2009, seeking a ruling that it doesn't infringe any Altadis trademarks. Altadis' suit was filed in federal court in Miami on Friday. Because Tatuaje's suit was filed first, it is likely that it will proceed and Altadis' later-filed suit will be dismissed or transferred to be consolidated with Tatuaje's suit in LA.

11-01-2009, 03:30 PM	#27
BlackIrish MassHole Militia Join Date: Oct 2008 First Name: Eddie Location: Bunker Hill Posts: 1,395 Trading: (55)	Re: Altadis USA sues Tatuaje Cigars Couple of things: The suit is for trademark infringement, not copyright infringement. Under the federal trademark act, a prevailing party can, but does not automatically, recover both attorney's fees and costs. Tatuaje sued first in federal court in LA, on August 21, 2009, seeking a ruling that it doesn't infringe any Altadis trademarks. Altadis' suit was filed in federal court in Miami on Friday. Because Tatuaje's suit was filed first, it is likely that it will proceed and Altadis' later-filed suit will be dismissed or transferred to be consolidated with Tatuaje's suit in LA. __________________