Lorillard Tobacco Co., Inc. v. A & E Oil, Inc.
United States Court of Appeals for the Seventh Circuit
503 F.3d 588 (2007)
- Written by Sean Carroll, JD
Facts
A & E Oil, Inc. (defendant) sold cigarettes purporting to be Newports. The cigarette boxes contained tax-stamps that were noticeably fake. Lorillard Tobacco Company, Inc. (plaintiff), the manufacturer of Newports, sued A & E for selling counterfeit cigarettes in violation of the Lanham Act. Lorillard presented evidence that A & E purchased the cigarettes from U.S.A. Cigarettes, a known dealer of counterfeit cigarettes. The district court found that A & E was “less than forthcoming” with respect to certain evidence produced. Indeed, A & E produced checks from A & E to U.S.A. Cigarettes well after A & E stated that it had produced all relevant business records. On summary judgment, the district court held that A & E knowingly violated the Lanham Act and thus awarded Lorillard attorneys’ fees. A & E appealed the award of damages but did not contest the district court’s finding that the cigarettes were counterfeit.
Rule of Law
Issue
Holding and Reasoning (Manion, J.)
What to do next…
Here's why 777,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
