A trademark and unfair competition dispute between two companies with “Vape Guys” in their names will remain in Virginia because the defendant’s acts subjected it to jurisdiction here, events giving rise to the claims arose in this district, the plaintiff ...

Tagged with: Intellectual Property Judge M. Hannah Lauck U.S. District Court - Eastern District

Disputed terms such as “packet(s),” “configured to” and “proxy system” in a patent case involving threat detection computer technology were resolved after a hearing. Background These matters come to the court on eight disputed terms found in the asserted claims ...

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

A plaintiff that successfully invalidated a patent held by the defendant was denied attorneys’ fees and costs because the defendant’s position was not objectively baseless or frivolous and the case was not “exceptional.” Background On May 17, 2018, the third ...

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

Where the New Jersey corporation’s contacts with Virginia were not related to the alleged violations of the Lanham Act and did not constitute a “significant and continuous” business relationship in Virginia, personal jurisdiction was found lacking. Moreover, because the evidentiary ...

Tagged with: Intellectual Property Judge John A. Gibney Jr. U.S. District Court - Eastern District

Although Symantec argued the remaining patent claims in a six-year dispute with the trustees of Columbia University were invalid because they constitute specific improvements in computer functionality, its bid for judgment was rejected because the remaining claims were viewed as ...

Tagged with: Intellectual Property Judge M. Hannah Lauck U.S. District Court - Eastern District

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Tagged with: Intellectual Property Sponsored Content

Where cigarette rolling paper manufacturers established the defendants were liable for trademark counterfeiting, trademark infringement, false designation of origin and common law unfair competition, the manufacturers were awarded statutory damages, an injunction and costs. The counterfeiters were also ordered to ...

Tagged with: Intellectual Property Judge John A. Gibney Jr. U.S. District Court - Eastern District

Even if a claim for cancellation by registration under section 18 of the Lanham Act can be brought in federal court, the claim here was not plausible. Background Plaintiff CFA Institute initiated this action against defendants alleging, among other things, ...

Tagged with: Intellectual Property Judge Norman K. Moon U.S. District Court - Western District

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 ...

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

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 ...

Tagged with: Intellectual Property Judge Elizabeth K. Dillon U.S. District Court - Western District