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The district court held in favor of defndant on the trademark infringement claim, on the basis the trademark rights were procured by fraud. It also awarded attorney's to defendant on the trademark and copyright claims.

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The trade secret claims, based on the secret fudge recipe, proceeded to trial and plaintiff won.

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The Third Circuit affirmed the decision to award attorney's fees to defendant on the trademark claims, because the plaintiff should've know the trademark registration was fraudulently obtained.

Ответ для Mark Jaffe, 5 Bridges Law

It also affirmed the trade secret claim in favor of plaintiff, finding that there was sufficient evidence for a jury to conclude that the fudge recipe had economic value based on its secrecy.

Ответ для Mark Jaffe, 5 Bridges Law

Plaintiff's owner testified that the fudge was superior to its competitors on health, quality, and durability. It has sold seven million pounds of fudge.

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