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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 from France.com’s trademark and cybersquatting suit. Background In 1994, a California corporation, France.com Inc. purchased and registered the domain name France.com and trademarks for “France.com.”[...]
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 Circuit remands to the Trademark Board which issues a second decision, there is legislative history, circuit precedent and policy that supports allowing that second decision […]
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 affirmative defense of laches, rather than statute of limitations, was the correct legal standard. Background This appeal arises out of an action brought by Bayer […]
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 In 2019, NIKE Inc., NIKE USA Inc. and NIKE Retail Services Inc. launched an advertising campaign with the tagline “Sport Changes Everything.” Fleet Feet Inc. […]
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 operator’s use, the mark obtained secondary meaning and Apple qualified as an “intervening junior user,” the website operator was permanently enjoined from any commercial use […]
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 Inc. appeals rulings granting summary judgment in favor of Hog Slat Inc. on the grounds that plaintiff’s trade dress registrations, which cover the shape and […]
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 entered into agreements which violate the termination provisions of the Copyright Act. On defendants’ motion to revise the court’s denials of their[...]
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 Rule of Professional Conduct 5.6. The court grants plaintiff’s motion to amend the preliminary injunction and denies defendants’ motions to stay (1) enforc[...]
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. Background Citi Trends Inc. filed a declaratory judgement action against Coach Inc. and Coach Services Inc. The district court exercised its discretion to decline to […]
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 state a claim for a declaratory judgment. Defendants’ motion to dismiss is denied. Background Defendant Hynie was married to the late singer, James B[...]
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 any point during the discovery process, barring the company from asserting trademark infringement claims and raising any equitable defenses was an appropriate sanction. Background L&L […]
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 marks that are confusingly similar to those that the father has spent substantial sums to promote. The court grants plaintiff’s motion for a preliminary injunction […]
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
- Stericycle decision forces evaluation of policies, practices
- Are workplace DEI policies still legal after SCOTUS decisions?
- Court cases add new twists to legal language
- It’s all business, especially the busyness
- Virginia Tech student got due process in hearing
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
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