联邦上诉法院在三年前,在一场奇怪的法律斗争中,下级法院授予了一个$ 18亿美元的裁决,涉及一家内华达州的一家内华达州,该公司声称自己使用莫里森·诺德森(Morrison Knudsen)的名字赢得了多个合同 -前著名的博伊西建筑合同r that was sold in 1996, and through acquisitions, became part of design-build giant AECOM in 2014.

The appellate judges did not alter the lower court’s injunction halting use of the fake MK name in a long-running internet manipulation, but they ruled March 24 that the award was excessive.

这家内华达州的公司在新闻稿中声称,它从美国环境保护局,美国土地管理局,黑石矿业集团和印尼基础设施伙伴关系中获得了三项总计18亿美元的奖项Corp.,” Aecom在其中说2017年美国地方法院诉讼

MK被合并到父母中,成为AECOM Energy&Construction Inc.

为了赢得奖项,内华达州公司“伪造了公司记录,向联邦和州政府机构提交了虚假陈述”,并创建了一个网站,在该网站上,它声称MK自1912年以来的历史及其著名的建筑项目自身。新利18备用网址该公司的地址是在内华达州亨德森的联合包裹服务机构,该诉讼认为。

“In 2008, unbeknownst to MK, defendants began what would become an intricate series of frauds designed to trade off, and indeed take over, the MK identity,” the suit says.

错误的陈述

Through a stated address in Los Angeles, company officials filed required government reports changing names of unrelated companies to the MK brand and submitted other reports for years to state officials, claiming approvals of a board of directors, "under penalty of perjury," the suit contends.

The filing contends that the defendants, which include five named individuals, took over Morrison-Knudsen Services, an affiliate of the former contractor that was incorporated in 1982 but dissolved in 2002. Defendant Todd Hale, iisted as company "president," revived the company, falsely claiming to Nevada authorities that he had board authority to do so.

AECOM诉讼说:“被告同样接管了MK的另一个解散的内华达州分支机构,越南的Morrison Knudsen Corp.。”被告还将其现有公司E Planet Communications的名称更改为2016年的Morrison Knudsen International。

AECOM称该公司使用域名www.morrison-knudsen.com“cyberpiracy.” Its suit contends the false MK site would show up "at or near the top" of searches of the Morrison Knudsen name and that Wikipedia's refrenc3e is to the fake site.

Through false statements to the U.S. Patent & Trademark Office changing the company address from Boise to Los Angeles, defendants "effectively then had control of MK's trademark registrations," according to the suit. The office acknowledged defendants' firm as "rightful owners" of MK trademarks for work in as a general contractor on public and private sector projects including dam, utility, transportation and industrial facilities.

The falsified website also claimed the fake MK could take "equity positions in a variety of projects" and back projects with "equipment lend/lease and financing."

停止和停止

The design-build firm sent a cease and desist letter to the Nevada company, accusing it of attempting to trade on MK’s goodwill, “the goodwill that rightly belongs to AECOM,” its lawsuit says. The parent asked the court to enjoin defendants' company from further use of MK’s name, trademarks and corporate records.

In November 2018, the federal district court awarded AECOM $1.8 billion in damages and permanently enjoined the Nevada company from claiming it is Morrison Knudsen Corp. or that its products and services originate from or have any relation to MK or from using the MK logo or any name or logo similar to Morrison Knudsen.

In ordering the lower court to reconsider the award total, the appeals court said “AECOM has failed to show that it suffered an ‘injury in fact,” although it agreed that AECOM is the entity that “always owned and still owns the MK property.”

上诉法院表示,尽管AECOM通常有权获得货币补救措施,但在这种情况下,AECOM未能显示出流氓公司获得的任何收入,或者被告已根据任何声称的建筑合同开始工作或证明他们能够进行建设。

但是法院确实说,由于被告未能提供其利润或成本的可靠证据,因此,如果AECOM寻求这种救济,下级法院可以考虑“发现制裁”。新利18备用官网登录

另外,三项裁决之一的米歇尔·弗里德兰(Michelle Friedland)法官不同意。她说,下级法院的损失金额“在法院可供考虑的选择范围内”,称被告“被告“坚持了Aecom为确定其财务信息的一切努力”。

无法达到被告的律师。

A spokesman for AECOM did not respond by press time to an ENR query on the ruling.