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Tag Archives: Intellectual Property

Ex parte TRO granted in trademark suit (access required)

Juul Labs convinced the court it was likely to prevail on trademark claims against unknown defendants selling allegedly counterfeit products on eBay, and that defendants’ Pay Pal accounts should be frozen. Background Plaintiff alleges that Defendants “are knowingly and intentionally ...

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True statement prompts dismissal of Lanham Act claim (access required)

Liberty Counsel, an organization dedicated to advancing Christian causes, sued GuideStar, a nonprofit organization that maintains an extensive online directory of profiles on other nonprofits, after GuideStar reported the Southern Poverty Law Center had designated Liberty Counsel as a hate ...

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Damages-as-revenue case merits minimum damages (access required)

The court granted default judgment against infringement defendants who did not respond to the plaintiff’s lawsuit, but awarded only the minimum in statutory damages and found counsel’s requested fees unreasonable. Background According to its complaint, Plaintiff LHF Productions holds the ...

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Damages-as-revenue case merits minimum damages (access required)

The court granted default judgment against infringement defendants who did not respond to the plaintiff’s lawsuit, but awarded only the minimum in statutory damages and found counsel’s requested fees unreasonable. Background According to its complaint, Plaintiff LHF Productions holds the ...

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Copyright claim proceeds against congressman (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: 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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