B.) It is disputed whether the "X" in "OPUSX" is properly (or commonly) understood to designate the Roman numeral or the alphabetical character. A.) According to Fuente, the mark has subsequently evolved into "FUENTE FUENTE OPUSX." (Doc. (Hereinafter, the Court shall refer to the two collectively as "Fuente.") In 19, Fuente developed a new cigar that it initially called "FUENTE FUENTE OPUS X." This mark was registered with the United States Patent and Trademark Office on July 23, 1996. Fuente & Newman Premium Cigars Ltd., a Florida corporation, is its distributor. is a manufacturer of "premium," handmade cigars, whose principal place of business is the Dominican Republic. In the interim, Opus One also moved to amend to add a specific prayer for damages (Doc.
42, filed July 8, 1997), and both Fuente Cigar Ltd. Concluding that both responses were essentially motions to dismiss, this Court granted each party leave to file a reply to its opponent's response, (Doc. filed a response in opposition to Opus One's Motion to Amend (Doc. 28) and on June 30, 1997, Fuente Cigar Ltd. On May 15, 1997, Opus One filed a response in opposition to Fuente Cigar Ltd.'s Motion to Amend (Doc. 25, filed May 2, 1997) and Defendant/Counter-Plaintiff Opus One's Motion to Amend (Doc. This cause comes before the Court on Plaintiff/Counter-Defendant Fuente Cigar Ltd.'s Motion to Amend (Doc. Sharp, Sharp, Smith & Harrison, P.A., Kalish & Ward, Thomas P. Ward, Hill, Steadman & Simpson, P.C., Chicago, IL, for William M. Guerrant, Jr., Hill, Ward & Henderson, P.A., Tampa, FL, R. Morando, Farella Braun & Martel LLP, San Francisco, CA, for Opus One. Uilkema, Limbach & Limbach L.L.P., San Francisco, CA, John L. Douglas McDonald, Jr., Pettis & McDonald, PA, Tampa, FL, John K. Regan, Hill, Steadman & Simpson, P.C., Chicago, IL, for Fuente Cigar, Ltd., Fuente & Newman Premium Cigars Limited Inc.Ĭ. OPUS ONE, a California general partnership, Plaintiff,įUENTE CIGAR, LTD., a foreign corporation, and Fuente & Newman Premium Cigars Limited, Inc., a Florida corporation, Defendants. OPUS ONE, a California general partnership, Defendant. 1448(1997) FUENTE CIGAR, LTD., a foreign corporation, Plaintiff, Storage of the start time of each session.985 F. Used by Google Tag Manager in order to control the loading of the Google Analytics Script Tag. Recognition of visitors for Google AdSense. Īssignment of interactions to each session. Recognition of visitors for Google Analytics. Used by Facebook to display a number of advertising products, such as real-time bids from third-party advertisers. via which website or advertising material you came to us) Technical information including browser, internet provider, terminal device and screen resolution.Your IP address (in shortened form, so that no clear identification is possible).Your approximate location (country and city).clicks, scrolling behaviour and stay time length) When you visit our website, the following data, among others, is recorded: However, since we only forward your IP address (in shortened form, so that no clear identification is possible) and technical information such as browser, Internet provider, terminal device and screen resolution to Google, we consider the risk to be moderate and the probability of actual access to your data rather low. Moreover, the US does not provide adequate guarantees for the protection of personal data. There are no effective remedies or legal protection against this. At present, there is no adequate level of data protection in the USA, and it cannot be excluded that state security authorities may issue corresponding orders to the third-party providers (Google and Meta Platforms, Inc.) to gain access to the aforementioned data for control and monitoring purposes.
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