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Tag Archives: Judge T.S. Ellis III

Stolen domain names ordered returned to plaintiff (access required)

The defendant, who defaulted, unlawfully hacked and gained unauthorized access to plaintiff’s account in order to transfer the domain names to himself and profit from the marks. The court adopted the magistrate judge’s report entering judgment for the plaintiff ...

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“We buy houses” trademark invalidated (access required)

Although “We buy houses” is a registered trademark, it is now widely used to describe services provided rather than a source of services, which makes it generic, not distinctive. Background Plaintiff Express Homebuyers has been in the house-buying industry since ...

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Management company for HOA not a “debt collector” (access required)

While a management company mailed delinquency notices for a homeowners’ association, its debt-collection activity was incidental to its obligations, and is thus exempted as a debt collector under the Fair Debt Collection Practices Act. Background Plaintiff Robert Yergovich owns and ...

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Judge hits losing plaintiff for $1.5M in lawyer fees (access required)

An Alexandria federal judge has awarded $1.53 million in attorney’s fees and costs to a consumer electronics manufacturer based on findings that trademark infringement claims and litigation conduct against the company were “objectively unreasonable.” U.S. District Judge T.S. Ellis III ...

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Requiring proof of residency may be Fair Housing violation (access required)

A mobile home park may have violated the Fair Housing Act by requiring residents to provide proof of their legal residency in the United States, the 4th U.S. Circuit Court of Appeals has ruled. Four Latino families allege that the ...

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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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