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Author Archives: Deborah Elkins

No Finding of Confusion Over Mark (access required)

In plaintiff Virginia company’s suit alleging defendants, a Taiwanese corporation and two Washington state corporations, infringed plaintiff’s registered mark “VIVE” for its software, by marketing an “HTC Vive” headset, an Alexandria U.S. District Court grants summary judgment for defendant, as ...

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Expert Excluded on Mark ‘Confusion’ Claim (access required)

In plaintiff Virginia company’s suit alleging defendants, a Taiwanese corporation and two Washington state corporations, infringed on plaintiff’s registered mark “VIVE” for its software, by marketing an “HTC Vive” headset, an Alexandria U.S. District Court excludes plaintiff’s proffered expert’s opinions, ...

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Internet Sales Allow Virginia Federal Suit (access required)

In plaintiffs’ suit alleging a Texas company unlawfully used plaintiff’s engraving designs, trademarks and products lines for miniaturized bourbon barrels that allow individuals to age and flavor their own liquor, defendant’s purposeful conduct – setting up an interactive website accessible ...

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Protective Order Issued in Post-Conviction Motion (access required)

A Norfolk U.S. District Court declines to bifurcate proceedings on petitioner’s § 2255 motion contending his lawyers provided constitutionally ineffective assistance of counsel, but the court will grant petitioner’s motion for a protective order as it grants the government’s motion ...

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‘Redistricting’ Plaintiffs Win $1.3M in Fees, Costs (access required)

In the wake of the U.S. Supreme Court’s dismissal of an appeal of a three-judge panel’s decision that Virginia’s 3rd Congressional District reflects an unconstitutional racial gerrymander, the panel lifts the stay on its earlier award of $779,189.39 in attorney’s ...

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Jail Health Supervisor Can’t Claim ‘No Knowledge’ (access required)

In this suit arising from the death of a pretrial detainee in the Hampton Roads Regional Jail, the Norfolk U.S. District Court accepts the magistrate judge’s recommendation to deny dismissal of plaintiff administrator’s negligence claims against the defendant nurse employed ...

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Pretrial Detainee Care Is ‘Ministerial’ (access required)

In this suit arising from the death of a pretrial detainee in the Hampton Roads Regional Jail, the Norfolk U.S. District Court accepts a magistrate judge’s recommendation to deny defendant correctional officials’ motion to dismiss negligence claims; defendants are not ...

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No Suppression for Deportation Comment (access required)

Although a Vietnamese-speaking agent who gave defendant his Miranda rights mistakenly believed defendant was not a U.S. citizen and threatened him with deportation during questions about participating in stalking his co-defendant’s ex-girlfriend, defendant’s statement about Facebook postings of nude photos ...

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