MAY NEWSLETTER
In an action by a computer assisted research provider against a competitor in which Faruki Ireland & Cox represents the plaintiff, Chief Judge Rice in the United States District Court in Dayton recently rejected the Defendant's challenges to claims for trademark infringement, false advertising and unfair competition under the Lanham Act, trademark dilution under the Lanham Act, trademark infringement and deceptive trade practices in violation of certain Ohio statutes, and various common law claims including trademark and tradename infringement, unfair competition, trademark dilution, and tortious interference with the business relationship. The Court's extensive opinion reviews the elements of each of these claims. FI&C's client is represented by Charlie Faruki, Tom Kraemer, and Don Burton.
FI&C recently won an arbitration victory in proceedings before the American Arbitration Association in New York City on behalf of a large worldwide provider of computer applications and systems to automobile dealerships. Representing the claimant, FI&C attorneys Ron Raether and Dan Binegar proved that the company had provided operable software to respondent (a New York automobile dealership), proved that the financial reporting software application functioned properly, and proved that respondent had no right to cancellation pursuant to the terms of the governing contract.
A new legal directory has been published, that it says is designed to reflect market opinion. The legal publishers Chambers & Partners has just published Chambers USA: America's Leading Business Lawyers, as a client's guide. Charlie Faruki is one of only two lawyers in Dayton who made the list for commercial litigation. The publisher explains that its researcher spent a year canvassing clients and lawyers across the US to obtain a market view of the attorneys who are considered leaders in their field. The results of the survey showed that Charlie is one of the top litigators in Ohio.
Tim Pepper joined FI&C at the end of April. Tim is a 1999 summa cum laude graduate of The Ohio State University College of Law, earning Phi Beta Kappa and Order of the Coif recognitions, and membership on the Ohio State Law Journal. Tim also holds a B.S. degree, summa cum laude from Ohio State, earned in 1996. A member of the Bar of Ohio, the United States District Court for the Southern District of Ohio, and the U.S. Court of Appeals for the Sixth Circuit, Tim served in the United States Navy from 1987-1991. He is a member of the Board of Trustees for the Dayton Society of Natural History, Inc. and the Big Brothers/Big Sisters of Greater Dayton, Inc.
At the Annual Convention of the Ohio State Bar Association, which was held in Dayton in May, Charlie Faruki and Mary Wiseman spoke at the Antitrust Compliance CLE Seminar. Charlie spoke on the subject of Spoliation of Evidence, and Mary Wiseman on the subject of Discovery of Electronic and Computerized Information. The topics covered included the latest caselaw developments, and practical advice.
FI&C is a co-sponsor of the Dayton Business Journal's "Dayton 100" publication, recognizing the Dayton area's largest public and private companies and the local operations of prominent public companies. This is the
third year that FI&C has sponsored this recognition, which includes many of the firm's clients. As a sponsor, FI&C was one of the hosts of the May 8 reception at the Dayton Marriott.
FI&C congratulates associates Charlie Bruch and Mary LeBoeuf on becoming members of the Ohio Bar. Charlie is a 2002 graduate of the University of Cincinnati College of Law, and Mary is a 2002 University of Dayton School of Law graduate. Charlie and Mary were sworn in as members of the Bar on May 9, 2003.