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Designer Skin LLC v. S & L Vitamins, Inc., et al.
Unauthorized internet reseller of plaintiff’s products is not guilty of trademark infringement, and does not cause actionable initial interest confusion, by using plaintiff’s trademarks in meta tags of website at which plaintiff’s and its competitors’ products are sold, and in...

Consultants - Internet Library of Law and Court Decisions - Updated March 24, 2004

No. 04-03-00138-CV (Texas Crt. App., Jan. 21, 2004)

Court upholds jury verdict, finding that computer consultant that agreed to create a "computer solution" for its client's needs breached the parties' agreement by recommending the purchase of clone computers which malfunctioned, and custom software from a vender who never supplied it.  As a result, the court upheld the jury's award of $120,793.02, which consisted of the costs incurred by the client to purchase both a new computer system and replacement software, together with the costs of hiring an expert to diagnose its problems, and recommend a solution.  Notably, the computer consultant and its designated software vendor were only paid approximately $45,000 for work, services and hardware provided.

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