In a copyright infringement suit brought by members of the music industry against Cox Communications, the jury’s award of $99,830 for each of the infringing works was supported by the evidence and was not unconstitutional. However, Cox will have an ...

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

A man sued for allegedly marketing and selling counterfeit Lamborghini-marked merchandise failed to show he was improperly served or that default was improperly entered. Where the owners of the Lamborghini trademark and corporate affiliates sufficiently pleaded trademark and false designation ...

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

Franchisees of urgent care centers who continued using the trademarks, service marks and a franchise system without authorization must pay most of the plaintiff’s attorneys’ fees. The claimed partner hourly rate of $400 and associate rate of $200-275 per hour ...

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

Although the defendants prevailed at summary judgment by demonstrating the Lanham Act claims were time-barred, attorneys’ fees were denied because the plaintiff’s claims were not frivolous or objectively unreasonable, its litigation approach was not so unreasonable as to render it ...

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

Following a Markman hearing, 18 disputed terms in a patent challenge involving medical devices intended primarily for use in spinal surgery were construed, with the majority of terms given their plain and ordinary meaning. Background At issue in this case ...

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

Where a manufacturer of molded interior doors showed it was likely to prevail on its claim that a supplier breached a requirements contract and that it was suffering resulting damage to its reputation and goodwill, the supplier was ordered to ...

Tagged with: Intellectual Property Judge Robert E. Payne U.S. District Court - Eastern District

Although prior decisions applied the pleading standards in Ashcroft v. Iqbal, 556 U.S. 662 (2009), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), to affirmative defenses, the recent trend declines to do so. But, even under the less-stringent ...

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

Where the shape and color scheme of a chicken feeder served a functional purpose, the feeder was ineligible for trade dress protection. Background In this trade dress infringement case, CTB Inc. appeals rulings granting summary judgment in favor of Hog ...

Tagged with: 4th U.S. Circuit Court of Appeals Intellectual Property Judge James A. Wynn Jr.

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