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Article: Ex Parte Seizures - A Heavier Burden For The Victim.
- Article from:
- Mondaq Business Briefing
- Article date:
- October 6, 2004
CopyrightCOPYRIGHT 2004 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The U.S. Court of Appeals for the Third Circuit, affirmed the decision of the district court, refusing to issue an ex parte seizure order of counterfeit goods, finding that the trademark owner did not provide sufficient evidence that an ex parte seizure order was the only adequate way to preserve evidence. Lorillard Tobacco Company v. Bisan Food Corp. Case No. 03-3151 (3rd Cir. July 28, 2004).
Lorillard Tobacco Company, the owner of the Newport brand of cigarettes, filed suit against three retail establishments selling counterfeit Newport cigarettes in New Jersey and requested the court grant an ex parte seizure order against each establishment. The district ...