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Tag Archives: Intellectual Property

Lack of customer confusion dooms claims (access required)

Where a tax resolution franchisor brought Lanham Act trademark infringement, Virginia trademark infringement and common law unfair competition claims against a tax resolution servicer, it failed to prove the defendants’ use of a website domain creates a likelihood of confusion and ...

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Judge refuses to recuse himself in high-profile infringement suit (access required)

Although Cisco Systems, which was sued for patent infringement, argued the trial judge should recuse himself after he discovered his spouse owned shares of Cisco and one of its competitors, the motion was denied because a reasonable person would not ...

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Cisco’s patent infringement results in award over $1.8B (access required)

A company that demonstrated that Cisco Systems infringed four of its patents covering complex computer networking security functions was awarded over $755 million in damages. Because Cisco’s infringement was willful, this amount was multiplied 2½ times, resulting in a total ...

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Damages awarded for copyright violations of rock star photos (access required)

Where the defendant committed at least three copyright violations by failing to obtain licenses for the use of photos of Ringo Starr, Mick Jagger and Jimmy Page, the plaintiff was awarded $1,500 per violation, as allowed by statute, plus a ...

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‘Customer suit’ exception dooms patent action (access required)

Where the Ashburn Volunteer Fire and Rescue Department, or AVFRD, was sued for patent infringement after it purchased an allegedly infringing product, the suit was dismissed because AVFRD was merely a customer and a separate declaratory judgment action between the ...

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Expert lacked basis to opine on lost future sales (access required)

A physicist with experience relating to radiation protection products could not testify about lost future sales resulting from the defendants’ alleged patent infringement because his opinion was not based on specialized methodology, facts or data gathered from the relevant market. ...

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In rem action against domain name may proceed (access required)

An anti-cybersquatting and trademark infringement action may proceed in rem against the domain name in Virginia because the plaintiff is unable to obtain in personam jurisdiction against the infringer. Although an individual defendant consented to jurisdiction in Arizona, he was ...

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