Virginia Lawyers Weekly VA Lawyers Weekly

In plaintiff’s suit seeking cancellation of a trademark related to a “SHUSTOV” mark for alcoholic beverages and spirits, plaintiff has failed to allege specific facts to support its fraud claims and the Alexandria U.S. District Court dismisses plaintiff’s suit with ...

Tagged with: Intellectual Property Judge James C. Cacheris U.S. District Court - Eastern District

An Alexandria U.S. District Court upholds the Patent and Trademark Office’s denial of registration for the term “PROBIOTIC” on the grounds that the term is generic in connection with fertilizer and, alternatively, the term at best is descriptive and has ...

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

A Richmond U.S. District Court dismisses this contract dispute over change orders in a construction contract, as plaintiff utility company did not comply with its contractual obligation to submit the dispute to formal mediation. Plaintiff utility company and defendant pipeline ...

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

In this case arising out of the receipt of unauthorized distribution of DIRECTV satellite programming to thousands of viewers at Massanutten Resort, orchestrated by defendants Randy Coley and East Coast Cablevision, the Harrisonburg U.S. District Court has determined that these ...

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

A Big Stone Gap U.S. District Court says plaintiff coal company’s complaint does not sufficiently allege a breach of contract claim, but plaintiff may amend the complaint. The coal purchase contract at issue in this case provided that the “Buyer ...

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

The Alexandria U.S. District Court reports its Markman claim construction in this patent infringement case in which N5 Technologies LLC, the owner of the subject ‘297 patent, is suing defendant Capital One Bank for direct infringement and for inducing infringement ...

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

In plaintiff’s suit alleging a former employee illegally used plaintiff’s trademark through a website and converted plaintiff’s software product in breach of the employment contract between plaintiff and defendant, the Norfolk U.S. District Court says plaintiff has not shown it ...

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

Absent a federal tariff, federal courts do not have subject matter jurisdiction over a motor carrier’s breach of contract claim against a shipper for unpaid freight charges, the 4th Circuit says in a case of first impression; the appellate court ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Allyson K. Duncan

After a jury awarded $1.9 million to plaintiff travel agency against a defendant for breach of an oral contract, the Alexandria U.S. District Court awards the travel agency $10 million on its claim for damages for breach of an agreement ...

Tagged with: Contract Judge Anthony J. Trenga U.S. District Court - Eastern District

Plaintiff Portfolio Recovery Associates Inc., a publicly traded company that buys and administers debt accounts from financial institutions and corporate lenders, wins partial default judgment of its trademark infringement suit against defendant Portfolio Recovery Group LLC, in this suit in ...

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