Virginia Lawyers Weekly VA Lawyers Weekly

Where the Russian-based operator of two websites that provide “stream ripping” of commercial sound recordings had US -based lawyers, more than 1.5 million web visitors from Virginia, collected visitors’ personal information and Virginia had a strong interest in not becoming ...

Tagged with: Intellectual Property Judge Claude M. Hilton U.S. District Court - Eastern District

Where Vagisil, the trademark for women’s health care products is commercially strong, and Vagisan, the mark for German-based products is “sufficiently similar” and a consumer survey showed actual confusion, the Vagisan trademark was rejected. Background Since the mid-1970s, Combe Inc. ...

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

Where plaintiff, a commercial owners association, based its assessments on the total square footage of defendant member’s property instead of the developed portion only, this was in accordance with the parties’ contract. As a result, when defendant did not fully ...

Tagged with: Contract Judge Jeanette A. Irby Loudon Circuit Court Virginia Circuit Courts

Although the California corporation was dissolved in September 2018, it may still be sued for its predissolution activities. The plaintiff has 14 days to serve an officer, director or person having charge of the company’s assets before it can seek ...

Tagged with: Civil Practice Judge Norman K. Moon U.S. District Court - Western District

Where the competitor of a company that develops surgical implant devices agreed, in a prior licensing agreement, to not challenge the validity of certain of the implant maker’s patents, that promise extended to a subsidiary later acquired by the competitor. ...

Tagged with: Intellectual Property Judge Mark S. Davis U.S. District Court - Eastern District

Although Cisco argued it was entitled to a new trial because a prior ruling ordering it to pay $1.9 billion for infringing a startup’s cybersecurity patents included new theories of infringement and damages not presented by the plaintiff, the infringement ...

Tagged with: Intellectual Property Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District

Where one party to a partnership agreement retained an appraiser to value the partnership over the other partner’s objection, and then purportedly exercised its option to purchase the other partner’s interest based upon that valuation, a jury will decide if ...

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

Where an owner’s decades of familiarity with his property enabled him to form an opinion of its value based on comparable property sales, his intended testimony regarding a technical valuation by an undisclosed expert and about which he lacked knowledge ...

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

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 ...

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

Where five Chapter 13 debtors asserted “numerous and novel RICO claims” against Wells Fargo after it put their mortgages into forbearance as a response to the COVID-19 pandemic and the CARES Act, the reference to the adversary proceeding was withdrawn ...

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