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Fourth Circuit Rules In Custer Battles

Client Alert | 1 min read | 04.13.09

The Fourth Circuit in United States ex rel. DRC, Inc. v. Custer Battles, LLC (4th Cir. April 10, 2009), affirmed summary judgment in the contractor's favor in a qui tam case alleging that Custer Battles (represented by C&M) had fraudulently induced the Coalition Provisional Authority to issue it a contract worth $17 million for security services at the Baghdad International Airport, agreeing "with the district court that the relators have not presented evidence sufficient to support a finding that Custer Battles violated the False Claims Act …." However, the Fourth Circuit also reversed judgment as a matter of law in favor of Custer Battles related to another contract Custer Battles had with the CPA for support services for the Dinar Exchange Program and remanded for further proceedings based on its findings that the district court erred in limiting the relators' claims to $3 million by using a "source-of-funds" analysis and in its presentment analysis under sections 3729 (a)(1) and (a)(2) of the FCA, including its holding that presentment must be proven under sections 3729 (a)(2) of the FCA, as the Supreme Court found to the contrary in Allison Engine while the case was on appeal.

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Client Alert | 4 min read | 12.30.25

Are All Baby Products Related? TTAB Says “No”

The United States Trademark Trial and Appeal Board (TTAB or Board) recently issued a refreshed opinion in the trademark dispute Naterra International, Inc. v. Samah Bensalem, where Naterra International, Inc. petitioned the TTAB to cancel Samah Bensalem’s registration for the mark BABIES' MAGIC TEA based on its own BABY MAGIC mark. On remand from the U.S. Court of Appeals for the Federal Circuit, the TTAB reconsidered an expert’s opinion about relatedness of goods based on the concept of “umbrella branding” and found that the goods are unrelated and therefore again denied the petition for cancellation....