Traverse Internet Law Disclaimer
The facts are unproven allegations of the Plaintiff and all commentary is based upon the allegations, the truthfulness and accuracy of which are likely in dispute.
CAMPOS, ET AL. v. CAMPOS FAMILY FARMS, LLC, ET AL.
EASTERN DISTRICT OF CALIFORNIA (FRESNO)
The language in a contract selling all of the assets of a company can be a bit confusing. It is critically important that both the buyer and seller clearly understand exactly what property is included in a contract of sale. In this case there was evidently a misunderstanding relating to the transfer of trademark rights in the family farm's name, and this has obviously evolved into expensive federal litigation among family members.
The Plaintiffs and Defendants are relatives involved in the dissolution and winding up of their family farms. The Plaintiffs acquired all rights in the farms but the Defendants are alleged to have acquired domain names that contain the name of the farms and are now competing against the Plaintiffs.
The Plaintiffs allege infringement of federally registered trademarks, unfair competition, false designation of origin, dilution of trademarks, damage to business reputation, counterfeiting, cyberpiracy, false advertising, prospective interference with prospective business advantage, fraud concealment, misrepresentation of fact, breach of fiduciary duty, and unjust enrichment. The Plaintiff’s prayer for relief requests a temporary, preliminary, and permanent injunction enjoining Defendants from further infringement, an order awarding Plaintiffs treble damages, punitive damages, attorneys’ fees and costs, and any further relief as may be just and proper. Traverse Internet Law Cross-Reference Number 1561