Virginia Lawyers Weekly VA Lawyers Weekly

Where the defendants were allowed to use “REJUVenate” on “[a]ll-purpose disinfectants for infection control and prevention and biosecurity,” but allegedly used it on cleaning products that fall within the scope of goods covered by the plaintiff’s preexisting “Rejuvenate” mark, the ...

Tagged with: Intellectual Property Judge James P. Jones U.S. District Court - Western District

Where a subcontractor alleged that it complied with all precedent conditions before filing an action against the payment bond, that allegation was sufficient to allow its claim to proceed. And where the same subcontractor alleged it provided work beyond that ...

Tagged with: Contract Judge Raymond A. Jackson U.S. District Court - Eastern District

Where plaintiffs previously settled a claim over unpaid royalties under a coal wheelage agreement, their new claim for unpaid royalties that predated the settlement was barred by res judicata. Res judicata did not apply to the nonparties, however, because they ...

Tagged with: Contract Judge James P. Jones U.S. District Court - Western District

Where a party to a limited partnership agreement repeatedly breached that agreement but the other limited partner did not offer evidence that the breaches caused any injury or damage, only $1 in nominal damages was awarded on each claim. Background ...

Tagged with: Contract Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where an alleged cybersquatter who held the PRU.COM domain name intended to divert customers from Prudential Insurance Company or wanted a six-figure payment for the name, and it had registered other domain names evidencing bad faith, PRU.COM was ordered transferred ...

Tagged with: Intellectual Property Judge T.S. Ellis III U.S. District Court - Eastern District

Where a landlord obtained judgments for unpaid rent and sued the tenants and others for fraudulent and voluntary conveyances, the trial court’s rulings that defendants were jointly and severally liable for the unpaid rent, attorneys’ fees and sanctions are vacated. ...

Tagged with: Contract Justice D. Arthur Kelsey Supreme Court of Virginia

Where a tenant was sued for negligently allowing its subtenant to start a fire that caused nearly $400,000 in damage, the tenant’s motion to dismiss was granted because it had no duty to protect others from the harmful acts of ...

Tagged with: Judge John A. Gibney Jr. Negligence U.S. District Court - Eastern District

Although a prevailing party can ordinarily recover its expert fees as part of its bill of costs, a unique statute requires an applicant appealing an adverse trademark decision by the United States Patent and Trademark Office, or USPTO, in federal ...

Tagged with: Intellectual Property Judge Leonie M. Brinkema U.S. District Court - Eastern District

Where there was “unrebutted” and “convincing” evidence that the defendant intended to use its trademark during a period when it was allegedly abandoned, there was no basis to set aside the decision of the Trademark Trial and Appeal Board, or ...

Tagged with: Intellectual Property Judge Liam O'Grady U.S. District Court - Eastern District

Where the American Inventors Protection Act allows an extension of the patent term where a district court reverses an adverse determination of patentability, but the district court here simply rejected one adverse finding, the applicant was not entitled to a ...

Tagged with: Intellectual Property Judge Leonie M. Brinkema U.S. District Court - Eastern District