Virginia Lawyers Weekly VA Lawyers Weekly

Although a website operator began using “ipad” three years before Apple released its iPad in 2010, because Apple acquired use of the mark from another company that predated the website operator’s use, the mark obtained secondary meaning and Apple qualified ...

Tagged with: 4th U.S. Circuit Court of Appeals Intellectual Property Judge Barbara Milano Keenan

Because the Virginia legislature has conferred broad authority on local governing bodies to engage in anticompetitive conduct in the EMS vehicle services market, antitrust claims against the City of Richmond, stemming from its denial of an ambulance company’s permit to ...

Tagged with: 4th U.S. Circuit Court of Appeals Commercial Judge Diana Gribbon Motz

Although two defendants in an alleged price fixing suit involving interior molded doors asked the court to reconsider its decision to not seal historic pricing information, it refused to do so. The public has a presumptive right of access to ...

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

Where a hauling company that borrowed money to buy vehicles and equipment for its trucking business defaulted on the loan, the bank was awarded a judgment for the unpaid principal, interest, costs and attorneys’ fees, as well as an order ...

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

Where the bank showed the borrower breached three enforceable notes for development financing, and that the defendants had both signed guarantees, judgment was entered against the defendants for $864,536.61. Background Fulton Bank N.A. seeks judgment against two guarantors for amounts ...

Tagged with: Contract Judge Douglas E. Miller U.S. District Court - Eastern District

Kevin Hart’s decision to confess to an affair on Instagram was not a breach of his fiduciary duty owed to a video game company with whom he had agreed to develop a multiplayer mobile game. Hart’s disclosure of the affair ...

Tagged with: 4th U.S. Circuit Court of Appeals Tort

Commercial Conditions requested by the City of Greensboro in connection with a proposed loan to a minority-owned television network were not unreasonable or overly burdensome. Moreover, the network did not present additional evidence establishing “a causal nexus” between any harm ...

Tagged with: 4th U.S. Circuit Court of Appeals Commercial Judge Roger L. Gregory

Where a subcontractor that performed electrical work for a project at Marine Corp Base Quantico sued a general contractor for breach of contract, it was error for the district court to dismiss the complaint based upon an exhibit that was ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract

Where an “all risk” policy included accidental or fortuitous “direct physical loss[es],” and it is plausible that a fortuitous “direct physical loss” could mean the property is uninhabitable, inaccessible or dangerous because of intangible or nonstructural sources, a spa that ...

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

A company that twice filed complaints asserting patent infringement and related claims based on its beverage dispending system couldn’t dodge a motion to dismiss by arguing it needed discovery. Its complaint, meanwhile, included only conclusory allegations and was dismissed. Background ...

Tagged with: Intellectual Property Judge Michael F. Urbanski U.S. District Court - Western District