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Tag Archives: Intellectual Property

Case not “exceptional” under Lanham Act (access required)

Where the district court’s conclusions that one party was prevailing and that this case was “exceptional” under the Lanham Act were both rejected, an award of attorneys’ fees was reversed. Background Citi Trends Inc. filed a declaratory judgement action against ...

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Fees awarded against hotel trademark infringers (access required)

Where Royal Touch Hospitality and others were  found liable for continuing to use Choice Hotels’ trademarks after the franchise agreement was terminated, Choice was awarded damages and attorneys’ fees. Background Choice Hotels International Inc. alleges that A Royal Touch Hospitality ...

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Choice Hotel chain prevails in trademark suit (access required)

Where Choice Hotels demonstrated its former franchisee continued to use the hotel trademarks after the franchise arrangement ended, thus violating the Lanham Act, the hotel chain was awarded attorneys’ fees and a permanent injunction preventing defendants from using the marks. ...

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Patent owner could sue distributor who sold copycat product (access required)

Where the owner of a patent for a radiation shield provided a distributor with products to use for a demonstration and copyrighted photos to use in its marketing materials and the distributor then altered the photographs to sell its own ...

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Failure to disclose license for trademark was sanctionable (access required)

Where a company licensed the use of a trademark without disclosing that the company itself was under a license to use that mark, and failed to disclose the license at any point during the discovery process, barring the company from ...

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Patent term adjustment time properly calculated by agency (access required)

A pharmaceutical company was not entitled to additional patent term adjustment time because the Patent and Trademark Office correctly determined that any time that could be awarded based on a delay caused by the PTO’s failure to act by certain ...

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Photog could sue for unlicensed photo use on company’s site (access required)

Where a company hired an outside firm to create a commercial website and the outside firm used an unlicensed, copyrighted photo to accompany an article posted on one of the webpages, both the company and the owner of the outside ...

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Developer could not sue government contractor for copyright infringement (access required)

Where a developer created software to automate government defense contract review and the government later worked with a private company to create a derivative work using the software’s source code, the developer was barred from suing the company for copyright ...

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Trademark infringer enjoined from using IPAD and IPOD (access required)

After the court found RXD Media infringed on Apple’s trademarks, Apple provided evidence of actual consumer confusion. Because Apple will suffer irreparable injury without an injunction, RXD has been enjoined from using the IPAD and IPOD marks on its products. ...

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