Where an alleged cybersquatter who held the PRU.COM domain name intended to divert customers from Prudential Insurance Company or wanted a six-figure payment for the name, and it had registered other domain names evidencing bad faith, PRU.COM was ordered transferred ...

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

Although a prevailing party can ordinarily recover its expert fees as part of its bill of costs, a unique statute requires an applicant appealing an adverse trademark decision by the United States Patent and Trademark Office, or USPTO, in federal ...

Tagged with: Intellectual Property Judge Leonie M. Brinkema U.S. District Court - Eastern District

Where there was “unrebutted” and “convincing” evidence that the defendant intended to use its trademark during a period when it was allegedly abandoned, there was no basis to set aside the decision of the Trademark Trial and Appeal Board, or ...

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

Where the American Inventors Protection Act allows an extension of the patent term where a district court reverses an adverse determination of patentability, but the district court here simply rejected one adverse finding, the applicant was not entitled to a ...

Tagged with: Intellectual Property Judge Leonie M. Brinkema U.S. District Court - Eastern District

Where film companies showed that parties responsible for a pirate movie streaming website likely violated the Copyright Act and Lanham Act, thereby causing irreparable harm, the defendants’ assets were frozen. Background Plaintiffs—business entities involved in the film industry—seek a preliminary ...

Tagged with: Intellectual Property Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where there were no factual allegations showing a company’s use of the trademark “REJUVenate” for disinfectants caused past lost sales, future lost sales or harm to reputation to another company that uses the trademark “Rejuvenate” for cleaning products, the false ...

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

Where the Russian-based operator of two websites that provide “stream ripping” of commercial sound recordings had US -based lawyers, more than 1.5 million web visitors from Virginia, collected visitors’ personal information and Virginia had a strong interest in not becoming ...

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

Where Vagisil, the trademark for women’s health care products is commercially strong, and Vagisan, the mark for German-based products is “sufficiently similar” and a consumer survey showed actual confusion, the Vagisan trademark was rejected. Background Since the mid-1970s, Combe Inc. ...

Tagged with: 4th U.S. Circuit Court of Appeals Intellectual Property

Where the competitor of a company that develops surgical implant devices agreed, in a prior licensing agreement, to not challenge the validity of certain of the implant maker’s patents, that promise extended to a subsidiary later acquired by the competitor. ...

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

Although Cisco argued it was entitled to a new trial because a prior ruling ordering it to pay $1.9 billion for infringing a startup’s cybersecurity patents included new theories of infringement and damages not presented by the plaintiff, the infringement ...

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