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Business Law

No jurisdiction over France.com trademark suit (access required)

Where French trial and appellate courts previously declared the French Republic, and not a California company, is the rightful owner of the domain name France.com, the French Republic was immune from France.com’s trademark and cybersquatting suit. Background In 1994, a ...

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Breach of contract suit claims failure to pay (access required)

IBM unsuccessfully argued that its subcontractors’ breach of contract suit alleging it failed to pay them for options years violated an anti-assignment provision in its terms and conditions, constituted an unenforceable penalty or was contrary to a limitation of liability ...

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Inventor alleges company used trade secrets (access required)

The inventor of a portable drain cleaning tool has sued its former distribution partner, alleging it breached a nondisclosure agreement and used confidential information to develop a competing product.  Background Plaintiffs C. Charles Gallo, CDC Products Inc. and Quality Innovations ...

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End of challenged conduct moots injunction appeal (access required)

Where NIKE stopped an advertising campaign after the district court found it infringed on Fleet Feet’s trademarks, NIKE’s cessation of the campaign mooted its appeal of the preliminary injunction. Background In 2019, NIKE Inc., NIKE USA Inc. and NIKE Retail ...

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Plaintiff awarded registrant of cybersquatter  (access required)

Larus Cloud Service Limited was awarded the domain name “laruscloudservices.net’’ after the court found Larus’ mark was distinctive, the disputed domain was confusingly similar and it was registered or used in bad faith with the intent to profit. Background On ...

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