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Tag Archives: Intellectual Property

Unexplained delay barred assertion of new infringement claims (access required)

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 ...

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Attempt to win trademark suit on pleadings rejected (access required)

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 ...

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Trademark ownership unnecessary for false advertising claim (access required)

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 ...

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E-cigarette maker beats counterfeiters (access required)

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 ...

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Digital film bits on file-sharing network violated Copyright Act (access required)

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 ...

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Website’s use of ‘IPAD’ infringe on Apple trademark (access required)

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 ...

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Photographer’s copyright infringement claims survive motion to dismiss (access required)

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 ...

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Cybersquatting defendant must transfer domain to plaintiff (access required)

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. ...

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