A patent owner who brought a large number of infringement claims against a manufacturer was not permitted to amend its complaint to assert new claims after the manufacturer successfully challenged the claims before the Patent Trial and Appeal Board, or ...

Tagged with: Intellectual Property Judge Joel Hoppe U.S. District Court - Western District

A dispute between two companies over the use of the name “Cabinet Savers” will proceed to discovery after the court rejected the plaintiff’s early motion to win the suit. The plaintiff had argued that its claim was essentially undisputed, but ...

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

A retailer who sold genuine certified organic mattresses could bring a Lanham Act claim against a competitor who falsely advertised on its website that its mattresses were certified under the Global Organic Textile Standard even though the retailer did not ...

Tagged with: Intellectual Property Judge Glen E. Conrad U.S. District Court - Western District

Where the painter Bob Ross had orally transferred his intellectual property rights to a company he had co-founded with his wife and friends before he executed a trust that assigned all of his intellectual property interests to his son and ...

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

A leading electronic cigarette manufacturer’s battle against counterfeiters has resulted in a default judgment awarding the manufacturer statutory damages and injunctive relief against the overseas counterfeiters. Background Plaintiff filed its complaint on Aug. 24, 2018, against unincorporated associations that are ...

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

The owner of copyrights to eight films was entitled to judgment against a defaulting defendant based on the proof attached to the complaint that the defendant had downloaded, copied and distributed digital bits of the copyrighted film files through a ...

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

Even though a company launched the website ipad.mobi before Apple and its affiliate applied to trademark “IPAD,” the company did not have priority to the mark because it had not developed a secondary meaning, and the company’s continued use of ...

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

The owner of a company argued she could not be held liable for alleged copyright infringement because the allegedly infringing actions were committed by her limited liability company. The court held, however, that the plaintiff pleaded sufficient facts to plausibly ...

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

An indigent 26-year old man on the autism spectrum will not be required to pay costs to the government after it prevailed in a suit. In addition, a prior award of fees to the man due to his prevailing in ...

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

The plaintiff demonstrated the defaulting defendant violated the federal Anti-Cybersquatting Protection Act. Background On July 24, 2018, plaintiff brought an in rem action for cybersquatting and trademark infringement against defendant FractalAnalyticsPro.com. . The clerk of court entered default on Oct. ...

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