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15 Jun 9:38 am
... verdict in favor of the U.S. Equal Employment Opportunity Commission ("EEOC") in a sexual harassment lawsuit against AutoZone, Inc., the Memphis, Tenn.-based national
auto parts retail giant. The jury ruled that AutoZone violated Title VII ... of 1964 by subjecting employee Stacy Wing to a sexually hostile work environment. Wing complained
about the sexual harassment, but AutoZone failed to take immediate and appropriate action to stop it. The evidence presented at trial by the EEOC showed that Wing ...
23 Jul, 2008 4:12 pm
... . Although the employees violated express company policies, the Court of Appeal said there was evidence to support a reasonable inference that AutoZone management had
effectively authorized the employees' conduct by structuring the company loss prevention department and procedures in such a way ... , and are only available to serve the purposes of
punishment and deterrence. See, e.g., Dyna-Med, Inc. v. Fair Employment & Housing Com. (1987) 43 Cal.3d 1379, 1387 ("'punitive damages by definition ...
11 Sep, 2008 10:16 pm
... that says "Oil Zone". Whether you've done business with automotive parts-dispenser AutoZone or not, might you think that an association between Oil Zone and ... confuse you
such that you associate with Oil Zone the goodwill that the fine people at AutoZone have built up through local and national advertising? The Seventh Circuit ... It thus reversed
a summary judgment against AutoZone in its lawsuit for transgression of its "AutoZone" trademark. AutoZone, Inc. v. Strick, No. 07-2136 (7th Cir. Sept. 11,
...
2 Jul, 2008 12:07 pm
... than a Sale California Court Holds Plaintiff filed a putative class action against AutoZone alleging that it violated California's Song-Beverly Act, Cal. Civil Code, § ...
name, telephone number and signature in connection with his return of a product. Absher v. AutoZone, Inc., ___ Cal.App.4th ___ (Cal.App. June 26, 2008) ... ., at 2-3]. The
class action alleged that plaintiff purchased a locking gas cap from AutoZone, took it to the parking lot and, finding that it did not fit, immediately returned it. ...
18 Jul 9:10 am
AutoZone, Inc. has filed a Notice of Non-Opposition, Request to Vacate Hearing, and Proposed Order [PDF] to SCO's Motion for Leave to File Amended Complaint. In it
AutoZone explains: Although SCO's proposed First Amended Complaint (Dkt. 99) is filled with errors ... of this litigation. And then it asks the judge to cancel the August 24th
hearing that he set before AutoZone could respond to SCO's motion. That probably means the August 24th hearing will be canceled. So ...
2 Jan 5:49 am
The recent opinion of the United States District Court for the District of Arizona in E.E.O.C. v. Autozone, Inc., 2008 WL 5245579 (D.Ariz. 2008), teaches an important
lesson regarding Federal Rule of Evidence 408. In E.E.O.C. v. Autozone, Inc., Chad...
31 Aug 7:54 pm
... , so SCO isn't entitled to *any* relief on its claims. And interestingly, AutoZone "denies that this Court has jurisdiction over SCO's claims related to UNIX System ... and
all their witnesses are located. And significantly, "AutoZone denies that Santa Cruz purchased the UNIX technology from Novell, Inc. or that SCO acquired this technology
from Santa Cruz." So SCO ... . Let SCO prove that too. In any case, even if they did, AutoZone's alleged use of any such code "is lawful use based on agreements and ...
19 Jun 9:30 am
... verdict in favor of the U.S. Equal Employment Opportunity Commission (EEOC) in a sexual harassment lawsuit against AutoZone, Inc., the Memphis, Tenn.-based national
auto parts retail giant, the EEOC announced today. The jury ruled that ... at trial by the EEOC showed that [Plaintiff] was subjected to egregious sexual harassment when she worked at
the Mesa, Ariz.-based AutoZone in 2003. The EEOC presented evidence that the store manager repeatedly forced [Plaintiff's] head down to his genitals and ...
11 Jul, 2008 6:43 pm
... apply to a refund for the return of merchandise purchased by credit card. On June 26, 2008, in Absher v. Autozone, Inc. et al. (2008), the California Court of Appeal
in the Second Appellate District, confirmed that California's Song-Beverly ... or otherwise (such as a receipt, etc.). In the Absher case, plaintiff Dave Absher (who, when returning
merchandise purchased from Autozone, was required to put his name and telephone number on a voucher in order to process the refund), claimed that Autozone' ...
6 Dec, 2008 1:17 pm
... 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court.Per Curiam
Opinion Autozone, Inc. v. Reyes, No. 07-0773 (Tex. 2008) (per curiam) (employment litigation) (age discrimination suit, judgment on jury verdict for employee reversed,
take-nothing judgment rendered) AUTOZONE, INC. v. SALVADOR REYES; from Cameron County; 13th district (13-03-00338-CV, ___ SW3d ...
31 Jul, 2008 2:00 pm
In Absher v. Autozone, Inc., the Second District California Court of Appeal held that a request for personal identification information in connection with a return of
merchandise purchased with a credit card does not violate Civil Code §1747.08, otherwise ... Code §1747.08(a)(3) by utilizing a form with spaces for his personal identification
information. The trial court granted Autozone's motion for summary judgment. Plaintiff appealed. The Court of Appeal affirmed, holding that §1747.08(a)(3) does ...
26 Jan, 2007 5:40 am
... on how Colorado employment law views an employer's vicarious liability for an employee's discriminatory treatment of other employees in Hardman v. Autozone, Inc. James
Hardman is African American, formerly employed by AutoZone as a parts ... racial harassment, discrimination, and retaliation in violation of Title VII. He testified to several
instances in which other AutoZone employees referred to him by racial epithets and other derogatory names; that minority customers had been mistreated; that ...
14 Oct, 2007 9:47 pm
... by Moseley, and determined that Starbucks had failed to prove actual dilution." Id. Accord, AutoZone, Inc. v. Strick, 466 F.Supp.2d 1034, 1044 (N.D. Ill. ... 1125…."
(STL discussion here). Though I would expect most courts to follow Starbucks and AutoZone, I still am glad this issue will resolve itself naturally over time. Does dilution apply
... of the United States as a designation of source of the goods or services of the mark's owner.'" Nike, Inc. v. Nikepal Int'l, 2007 WL 2782030, *5 (E.D. Cal.) ( ...
16 Oct, 2008 11:48 pm
... business trademark dispute, the Seventh Circuit has ruled that large auto parts retailer AutoZone may proceed with its trademark infringement lawsuit against a two-store
automotive services ... in Naperville and Wheaton, Illinois, called Oil Zone and Wash Zone. AutoZone, Inc. v. Michael Strick, No. 07-2136 (7th. Cir. Sept. ... summary
judgment, the court concluded. It also left the issue of latches -- the time between AutoZone noticing Oil Zone and when it filed suit -- up to the district court. Thus, ...
29 May 5:30 am
Migis v. AutoZone, Inc., _____ F. 3d _______, 2009 WL 69027 (D. Or.). OK, CAFA readers, who watches Lost? I know you are out there. ... case to the state court where
proceedings continued. Here is where the "dead is dead" connection comes in. AutoZone filed a motion for stay in the Federal District Court seeking to stay proceedings until ...
While reading this case, questions kept knocking around my head. Did AutoZone unsuccessfully attempt to have the state court judge stay the proceedings before filing ...
9 Oct, 2006 10:12 am
... the Atlanta Bread Co. restaurant chain (along with its owner, ARO Enterprises), BJ's Wholesale Club Inc. and auto-parts retailer, AutoZone Inc. The complaint
against the first two companies alleges racial discrimination against black and Latino employees. The complaint against AutoZone accuses the company of permitting sexual
harassment of several female workers. It is highly likely that the resolution to each of these cases, whether ...
12 Aug 8:43 pm
... since last September. Here's my response: Rescuecom Corp. v. Google Inc., 562 F.3d 123 (2d Cir. 2009) (finding keyword sale of ... of t-shirts using schools' color schemes)
Adidas America, Inc. v. Payless Shoesource, Inc., 2008 WL 4279812 (D.Or.) (scaling back largest-ever $ ... three-stripe vs. two- and four-stripe athletic shoe infringement
case) AutoZone, Inc. v. Strick, 543 F.3d 923 (7th Cir. 2008) ... cases under the TDRA) O'Keefe v. Ogilvy & Mather Worldwide, Inc., 590 F.Supp.2d 500 (S.D.N.Y.
2008) ...
23 Jan, 2007 10:28 pm
... trier of fact could find for plaintiff based on such evidence, again justifying dismissal on summary judgment. In the second case, AutoZone, Inc. v. Strick, No.
03-C-8152, 2006 WL 3626770 (N.D. Ill.), the Northern District of Illinois considered whether defendant's OIL ZONE and WASH ZONE trademarks diluted plaintiffs' AUTOZONE mark. The
court recognized that under the TDRA, "a plaintiff can have a successful dilution claim regardless of whether it can show actual ...
12 Feb, 2007 10:02 pm
... that the word 'Century' is extensively employed in both the real estate and insurance industries and therefore is clearly not distinctive." This decision follows the Louis Vuitton
Malletier S.A. v. Haute Diggity Dog, LLC, and AutoZone, Inc. v. Strick cases (which STL discussed here), which likewise found that dilution had not occurred under the new
standard. For dilution plaintiffs, maybe the fourth time's a charm.
22 Dec, 2008 6:52 pm
... , ESL Partners and ZAM Holdings failed to comply with the antitrust premerger notification requirements of the HSR Act before acquiring voting securities of AutoZone
Inc., based in Memphis, Tenn., in September and October of 2004. As a result of these acquisitions, ESL Partners and ZAM Holdings each held AutoZone voting securities
valued in excess of the $50 million HSR reporting threshold then in effect. The complaint alleges that ESL Partners was ...
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