A Virginia federal judge has ruled that a film festival’s use of a photograph taken from the internet without permission was fair use, much to the chagrin of the photographer who took the image and others in the photography world. ...

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

The “Important Opinions” that appear each week on the front page of Virginia Lawyers Weekly are those chosen by our editors as the most likely to impact law practice or a given subject area of law. Below is a listing, ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Banking Bankruptcy Civil Procedure Civil Rights Commercial Constitutional Consumer Protection Contract Corporate Criminal Domestic Relations Employment Evidence Federal Jurisdiction First Amendment Government Immigration Intellectual Property Personal Injury Real Property Search & Seizure Supreme Court of Virginia Traffic U.S. District Court - Eastern District U.S. District Court - Western District Virginia Circuit Courts Virginia Court of Appeals Wills & Trusts

The federal Copyright Remedy Clarification Act’s broad abrogation of states’ sovereign immunity for copyright infringement was not a valid exercise of Congressional authority, either under Article I’s Copyright Clause or § 5 of the Fourteenth Amendment. Background In 1717, the ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Intellectual Property Judge Paul V. Niemeyer

A foreign company could not establish common-law trademark rights in the United States for the domain “klumba.com” because no American citizens used the company’s service. Hosting Google AdSense on the company’s Ukrainian site also didn’t put its mark in U.S. ...

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

A Swiss researcher who discovered the genetic mutation that causes Nasal Parakeratosis in Labrador Retrievers could not enforce a patent on it, because the discovery was a naturally-occurring phenomenon. Background This action concerns U.S. Patent No. 9,157,114 for an in ...

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

Regarding its use of the mark “Backyard Grill,” genuine issues of material fact should have prevented the trial court’s conclusion as a matter of law that Walmart was liable for infringement damages of approximately $32.5 million, plus attorneys’ fees and ...

Tagged with: 4th U.S. Circuit Court of Appeals Business Law Intellectual Property Judge Henry F. Floyd

The district court did not err in holding a childcare center in contempt for violating the terms of an injunction related to use of the word “rainbow.” The center was liable for liquidated damages and attorneys’ fees, plus the cost ...

Tagged with: 4th U.S. Circuit Court of Appeals Attorneys Attorneys Fees Civil Practice Civil Procedure Contract Corporate Intellectual Property Judge G. Steven Agee

In advance of an upcoming jury trial, a plaintiff could not prevail on claims related to one of its asserted patents, and the court refused to present its proffered theory of damages to the jury. Background In this patent-infringement case, ...

Tagged with: Corporate Intellectual Property Judge John A. Gibney Jr. Telecommunications U.S. District Court - Eastern District

The patent-holder and licensee for a patented hair clip were granted leave to amend their patent-infringement claims against a former licensee who continues to sell products that the patent covers. Background Plaintiff Chan Soo Kim is listed as the inventor ...

Tagged with: Business Law Intellectual Property Judge John A. Gibney Jr. Patent Disputes U.S. District Court - Eastern District

Outstanding stream-of-commerce issues prevented the court from immediately ruling on the defendant’s claim that the court lacked personal jurisdiction. Background Plaintiff MYA Saray LLC manufactures and distributes tobacco products, including hookahs and accessories. The company also owns a number of ...

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