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Intellectual Property – No jurisdiction over France.com trademark suit
Where French trial and appellate courts previously declared the French Republic, and not a California company, is the rightful owner of the domain name France.com, the French Republic was immune […]
Intellectual Property – Trademark Board appeal process clarified
Where a party can appeal an initial decision of the Patent and Trademark Office’s Trademark Trial and Appeal Board to either the Federal Circuit or district court, and the Federal […]
Intellectual Property – Laches was defense to Lanham Act claim
Where a defendant that was sued for unfair competition under the Lanham Act argued the suit was filed too late, because a § 43(a) claim is equitable in nature, the […]
Intellectual Property – End of challenged conduct moots injunction appeal
Where NIKE stopped an advertising campaign after the district court found it infringed on Fleet Feet’s trademarks, NIKE’s cessation of the campaign mooted its appeal of the preliminary injunction. Background […]
Intellectual Property – Apple prevails in dispute over use of ‘ipad’
Although a website operator began using “ipad” three years before Apple released its iPad in 2010, because Apple acquired use of the mark from another company that predated the website […]
Intellectual Property – No trade dress protection for chicken feeder
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 […]
Intellectual Property – Copyright Act – Termination Provisions – Trusts & Estates – Artist’s Widow – Special Administrator
Plaintiffs, James Brown’s adult children, allege that defendants—Brown’s widow, his youngest child, his estate’s personal representative, and the limited special administrator and limited special trustee of Brown’s estate and trust—have […]
Intellectual Property – Trademark Infringement – Attorneys – Civil Practice – Preliminary Injunction – Appeals – Stay Motions – Arbitration
Because the court’s preliminary injunction does not impede the defendant-attorney’s ability to practice law—it only prohibits him from infringing on his father’s firm’s trademarks—the injunction does not implicate South Carolina […]
Intellectual Property Case not ‘exceptional’ under Lanham Act
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. […]
Intellectual Property Copyright – Civil Practice – Declaratory Judgment – Trusts & Estates – James Brown Compositions
Plaintiffs allege that defendant Hynie has entered into an agreement which violates provisions of the Copyright Act, circumventing plaintiffs’ statutory interests while enhancing Hynie’s compensation. Plaintiffs’ allegations are sufficient to […]
Intellectual Property Failure to disclose license for trademark was sanctionable
Where a company licensed the use of a trademark without disclosing that the company itself was under a license to use that mark, and failed to disclose the license at […]
Intellectual Property Trademark Infringement – Civil Practice – Preliminary Injunction – Attorneys
A son, who has the same name as his father (except for the “Jr.” designation), and who is in the same business – personal injury law – may not use […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- When is a PIP an adverse employment action?
- Legally Speaking: What spring can teach us about active listening
- A useful patent management government notice
- The third option: Why your best employees are quietly losing their edge
- ‘AI won’t take your job’ and other things CEOs say before the layoffs
- When not to believe (your lyin’ eyes)
- Conduct a technology audit to improve law firm efficiency
- When the client brings ChatGPT to the consultation
- Where is she now, this model who was so beautiful?
- Content Marketing: Where law firms lose referrals and how to prevent it
- Your best people are not leaving for more money — they are leaving because you stopped paying attention
- Best at Work Insights: The choice we’re making about AI
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