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GUGGENHEIM CAPITAL, LLC v. BIRNBAUM

Docket No. 11-3276-cv.

722 F.3d 444 (2013)

GUGGENHEIM CAPITAL, LLC, Guggenheim Partners, LLC, Plaintiffs-Appellees, v. David BIRNBAUM, aka David B. Guggenheim, Defendant-Appellant, Catarina Pietra Toumei, Aka Lady Catarina Pietra Toumei, Aka Catarina Frederick, Vladimir Zuravel, Aka Vladimir Guggenheim, Aka Vladimir Z. Guggenheim, Aka Vladimir Z. Guggenheim Bank, Eli Pichel, Theodor Pardo, John Does, 1-10, Dabir International, Ltd., Defendants.

United States Court of Appeals, Second Circuit.

Decided: July 15, 2013.

Attorney(s) appearing for the Case

John J. Dabney ( Rita Weeks , Kevin M. Bolan , on the brief), McDermott Will & Emery LLP, Washington, District of Columbia, and Boston, Massachusetts, for Plaintiffs-Appellees.

Ronald D. Coleman , Goetz Fitzpatrick LLP, New York, NY, for Defendant-Appellant.

Before: KEARSE and CHIN, Circuit Judges, and HALL, District Judge.

CHIN, Circuit Judge:

Defendant-appellant David Birnbaum solicited investors to buy various financial products while presenting himself as "David B. Guggenheim." Plaintiffs-appellees are entities with rights or licenses to registered trademarks bearing the "Guggenheim" name. They filed suit alleging trademark infringement and other federal and state law claims. Birnbaum never answered the complaint, failed to comply with the district court's discovery orders, disrupted...

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