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NJ-Based Family Business Prevails in Trademark Suit Appeal

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Third Circuit Upholds Trial Court Decision In Trademark Infringement Matter
December 1, 2010 | Press Release
Philadelphia, PA and Cherry Hill, NJ

The United States Court of Appeals for the Third Circuit ruled on November 29th to uphold the trial court decision in favor of Primepoint LLC, a New Jersey-based provider of payroll processing and HR information services technology, which held that Primepoint was not liable for trademark infringement against PrimePay, Inc.  Primepoint LLC, a family business based in Bordentown, NJ, was represented by Flaster/Greenberg P.C. intellectual property litigators Abbe F. Fletman and Adam E. Gersh, who prevailed in the bench trial that took place in federal court in Camden last year. PrimePay subsequently appealed.

At issue was whether Primepoint LLC infringed upon the trademark of PrimePay, Inc., a national company that also provides payroll services and operates more than 30 offices across the country.  

Ms. Fletman chairs the litigation section of the firm’s Intellectual Property Practice Group, and is the co-chair of its Government Relations and Regulatory Law Practice Group.  She concentrates her practice in commercial litigation, intellectual property litigation and counseling, and representing government entities in complex litigation. Mr. Gersh is a member of Flaster/Greenberg's Litigation and Labor and Employment Practice Groups. He represents businesses and individuals in employment and complex business disputes in the federal and state courts of New Jersey and Pennsylvania and before federal and state administrative agencies.

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