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Firm News
Bochetto Attorneys Score Win in Trademark Suit
When arts and crafts retailer Michaels used another company’s picture frame design, the company that made the original product decided to file a trademark infringement lawsuit and called the Bochetto team.
The plaintiff in this case, MCS Industries, alleged that the defendant, Michaels Stores Inc., copied their trademarked “Format” frames with Michaels’ Structure brand picture frames, even copying the instruction manual. MCS Industries claims that this infringement on their trademarked frames resulted in serious financial losses for the company, seeing sales reduced by 70 percent and losing over $1 million in revenue when Michaels, who originally bought the frames from MCS, introduced their own frames. MCS also says they lost their business with Michaels after that as well.
This case has not gone to discovery yet and the Michaels’ legal team was attempting to get the case thrown out before it went any further. However, the judge ruled that, given the allegations made, it was premature to throw away the case. All in all, the judge rejected Michael’s attempts to throw away the case and their argument that MCS didn’t show clear concrete losses resulting from the infringement.
If you have a Law360 account and would like to read the full article about this case, click here.
Attorney David P. Heim Recognized As One Of The Best Attorneys In Pennsylvania
Best of the Bar™ proudly congratulates Attorney David P. Heim and Bochetto & Lentz, P.C. in Philadelphia, Pennsylvania for achieving one of the Top 100 Verdicts in Pennsylvania in 2021.
Best of the Bar™ membership is limited annually to fewer than the Top 1% of all licensed attorneys, and is only bestowed after a rigorous investigation and verification process. The Best of the Bar™ Medal has been commissioned, designed and minted by the makers of the Pulitzer Prize Medal and the National Medal of Science and honors this accomplishment.
Please visit www.bestofthebar.com for additional details.
Pa. Supreme Court Says 53-Year-Old Defamation Venue Rules Still Hold Up in Internet Age
Even after decades of technological change, the Supreme Court said in an opinion on a defamation case, the existing standard to establish venue is effective. SCOPA just entered the decision on David Heim’s case internet defamation case argued last month. He won with a unanimous 7-0 decision.
George Bochetto weighs in on Philadelphia Christopher Columbus statue case
Attorney George Bochetto, who represents supporters of the 144-year-old statue, weighs in on the local court’s most recent decision that allows Philadelphia to cover the Christopher Columbus statue with plywood box
Bryan Lentz, David Heim and Peter Bryant involved in Pa. Supreme Court Set to Weigh Updating Venue Guidance in Internet Defamation Case
The Pennsylvania Supreme Court is slated to consider how venue rules it established 53 years ago apply to today’s technology in a hearing over where an internet defamation suit can be tried.
On Sept. 22, the justices will hear the consolidated appeals of four parties in Fox v. Smith against a 2019 Superior Court decision that found that the state Supreme Court’s 1967 Gaetano v. Sharon Herald ruling could still be used as precedent in determining the proper venue for a defamation suit.
Bryan Lentz, David Heim and Peter Bryant of Bochetto & Lentz are representing Fox.
Read article on law.com.
B&L Partner, David Heim, Recognized for His Expertise
Bochetto and Lentz partner, David Heim, was included in Marquis Who’s Who, a publication that has cited noteworthy individuals in varied fields since 1899. To be included in this esteemed publication, an individual’s position, accomplishments and prominence in their field are all considered. You can find more about Marquis Who’s Who here.
Mr. Heim adds this new accolade to a long list of accomplishments that includes being recognized as a Million Dollar Advocate by the Million Dollar Advocates Forum in 2010 and as a Rising Star Top Young Attorney Award by Philadelphia Magazine between 2011 and 2014.
You can read more about this honor and Mr. Heim’s inclusion in Marquis Who’s Who in this press release.
George Bochetto interview on Radio Voice Italia
George Bochetto was recently a guest on Radio Voice Italia where he discussed saving the Columbus Statue in Marconi Plaza, Philadelphia.
Listen to the interview.
B&L Partner Wins $5M Defamation Case against Dominatrix and Her Client
When a dominatrix instructs her client to defame a psychologist, who really pays the price?
In a recent whopper of a case, Bochetto and Lentz partner, David Heim, won a $5 million lawsuit, representing a local psychologist who was defamed online by the defendants, a dominatrix and her client, who paid her to give him commands as her “slave.” According to court documents, the dominatrix allegedly ordered her client to defame the psychologist, who had dated and then ended a relationship with the dominatrix years before.
The defendants had anonymously posted damaging statements online, calling the psychologist, who is also the CEO of a human resources company, a “rapist,” “alcoholic” and “drug addict.” According to the psychologist, this cost him tens of thousands of dollars in business.
Before the case went to trial, the psychologist settled with the dominatrix’s client. The dominatrix, however, was ordered to pay $5 million in damages, including $3 million to account for the harm done to the psychologist’s reputation.
For more details about this case, read the full article HERE.
Bochetto and Lentz Snags a Solid Victory in Non-Compete Case
The Bochetto and Lentz team recently scored a hard-fought victory for one of our clients in a case regarding a non-compete contract.
Our client, the defendant in this case, left her job with the plaintiff and began working with the plaintiff’s competitor. After discovering that their former employee had taken a job with their direct competition via a LinkedIn update on the defendant’s profile, the plaintiff sent a notice to the defendant asking her to send them proof that she had left her new position with the competitor within 14 days because her employment with the plaintiff’s competitor violated the non-compete agreement that the defendant had entered into when employed by the plaintiff.
Our team, on behalf of the defendant and the company she was now working for, filed a declaratory action on the grounds that her new employment was not applicable to the provisions in the non-compete and the non-compete was unenforceable. She also claimed that the plaintiff didn’t provide fair compensation and support while she was employed with them. In response, the plaintiff filed a complaint for breach of contract and requested that the defendant be barred from working with their competitor.
We continued to fight for our client and filed a motion to dismiss the plaintiff’s complaint. That motion was then granted by the court and the plaintiff’s attempts to stop the defendant from working with their competitor were denied, resulting in a victory for our client and in the case being thrown out.
As experienced litigators who have seen both sides of this kind of fight, we know what it takes to win non-compete cases. If you need to speak to an experienced attorney about this kind of issue, contact our team today.
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George Bochetto discusses the boarded up Columbus statue in Philadelphia with Primo Magazine
Attorney George Bochetto claims Mayor Kenney has no jurisdiction to remove the Columbus statue in Philadelphia
The attorney, a founding partner of the law firm Bochetto/Lentz, has come away convinced that Mayor Jim Kenny and the respective city arts and history commissions have no jurisdiction in the current matter. Rather, it is the City Trusts, not the mayor or city council, who must maintain the Columbus statue for public viewing. As such, the plywood boards that now hide the statue must be taken down immediately.
Read the full article at Primo Magazine.
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