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Tag Archives: Intellectual Property

EDVA: Single action improper against online counterfeit defendants (access required)

The actions of 28 Chinese entities selling counterfeit goods on the internet did not arise out of the same transaction or occurrence, and they must be severed into individual suits. Background The Defendants, 28 unrelated individuals and entities located in the People’s ...

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WDVA: Copyright claim against congressional campaign proceeds (access required)

A photographer sufficiently stated a claim against Congressman Tom Garrett and his 2016 campaign for the unauthorized use of a photo depicting people crossing the U.S. border with Mexico, a U.S. district court held. Background Plaintiff and photographer Todd Bigelow ...

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EDVA: “We buy houses” trademark generic, unenforceable (access required)

A company that obtained a trademark for the phrase “we buy houses” cannot enforce it, because the phrase was used extensively by industry participants to describe a class of services rather than any particular service provider. Background Plaintiff Express Homebuyers ...

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4th Cir.: Federal statute’s immunity waiver not valid (access required)

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 ...

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EDVA: No servicemark in anti-cybersquatting case (access required)

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. ...

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EDVA: Dog-gene mutation was “natural,” not patentable (access required)

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 ...

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4th Cir.: Genuine fact disputes revive grill branding litigation (access required)

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 ...

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4th Cir.: Contempt, sanctions for infringement affirmed (access required)

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 ...

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EDVA: Patent claims trimmed, damages theory rejected (access required)

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, ...

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