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Tag Archives: Intellectual Property

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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Patent Claims Dismissed as ‘Conclusory’ (access required)

A plaintiff’s conclusory assertions of ownership of four identified patents that allegedly are infringed by defendant’s products that provide personal emergency communications systems, are dismissed by the Richmond U.S. District Court for failure to state a claim. Plaintiff’s complaint contains ...

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Drug Company Wins Treble Damages for False Ad Claim (access required)

A pharmaceutical company that began marketing a product, Me-PB-Hyos, as a generic substitute for plaintiff company’s Donnatal – a combination phenobarbital and belladonna alkaloid used to treat irritable bowel syndrome and acute enterocolitis – without ever making firm plans to ...

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Sport Tow-Board Did Not Infringe Design (access required)

In plaintiff ZUP’s suit alleging defendant Nash Manufacturing infringed plaintiff’s patent and design for its “ZUP Board” after a proposed business deal for a joint manufacturing venture turned sour, the Richmond U.S. District Court grants judgment for defendant. Patent claim Both ...

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No Jurisdiction from Online App Sales (access required)

In this trademark infringement suit, a Russian defendant company’s distribution of allegedly infringing smartphone and tablet applications for photo and video filters through third-party, online stores is not a sufficient basis for the Alexandria U.S. District Court to exercise personal ...

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Court Uses Vienna Metro for Fee Award (access required)

After a two-week jury trial in which plaintiff music publisher won $25 million in damages against Cox Communications for contributory copyright infringement, the Alexandria U.S. District Court awards plaintiff $8,383,368 in attorney’s fees, after excluding nontaxable expenses and applying a ...

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Copyright Owner Can’t Sue Multiple ‘John Does’ (access required)

Plaintiff copyright owner who is suing John Does 1-10 for illegally downloading plaintiff’s movie, “London Has Fallen,” is not entitled to discovery of the identities of John Does 2-10 from their internet service providers, based on plaintiff’s allegation that the ...

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No Trade Secret Claim for ‘Secret’ Recipes (access required)

Plaintiffs, who are suing their former business partner in operating an Asian-American restaurant, cannot sue defendant for trademark infringement of the “Mimosa Asian Fusion” name and logo, as the parties’ pending state court litigation has not resolved what rights defendant ...

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