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Intellectual Property—Posting photo on website to promote film festival was not fair use
A company’s use of a photograph to highlight nearby tourist attractions on a website promoting a for-profit film festival did not constitute fair use because the use was not transformative […]
Intellectual Property – Trademark & Trade Dress Infringement – Civil Practice – Statute of Limitations – Laches – Unfair Trade Practices
Plaintiff’s claims – that defendants copied plaintiff’s marketing scheme, trade dress, and product, and even repackaged plaintiff’s salt-scrub product and sold it as their own – were known to […]
Intellectual Property – Booking.com entitled to trademark
Where the government failed to demonstrate that booking.com was a generic term that could not be trademarked, and Booking.com demonstrated that the descriptive term has gained a secondary meaning, the […]
Intellectual Property – True statement prompts dismissal of Lanham Act claim
Liberty Counsel, an organization dedicated to advancing Christian causes, sued GuideStar, a nonprofit organization that maintains an extensive online directory of profiles on other nonprofits, after GuideStar reported the Southern […]
Intellectual Property – Trademark – State & Federal Marks – Episcopal Church – Civil Practice – Statute of Limitations – Claim & Issue Preclusion
In a related state-court case, the South Carolina Supreme Court issued a split decision, with Justices Pleicones and Hearn ruling to reverse the trial court regarding the state registered trademarks, […]
Intellectual Property – Sovereign-immunity waiver for infringement not valid
The federal Copyright Remedy Clarification Act’s broad abrogation of states’ sovereign immunity for copyright infringement was not a valid exercise of Congressional authority, either under Article I’s Copyright Clause or […]
Intellectual Property – Patent Infringement – Civil Practice – Personal Jurisdiction – Cease & Desist Letters
Because the defendant-patentee took no further actions beyond sending plaintiff letters regarding potential patent infringement, the court cannot assert specific personal jurisdiction over defendant in this declaratory judgment action. The […]
Intellectual Property – Trademark & Trade Dress Infringement – Civil Practice – Statute of Limitations & Laches
Where plaintiff accused defendants of violating plaintiff’s intellectual property rights in plaintiff’s skin care products in July 2012, plaintiff’s Feb. 3, 2017, complaint was filed outside the statute of limitations […]
Intellectual Property – Trademark Infringement – Karaoke Brand – Consumer Confusion – Civil Practice
Holding: Plaintiff alleges that defendants not only pirated plaintiff’s karaoke recordings, but also copied plaintiff’s trademark and displayed it while playing the pirated songs. The display of plaintiff’s mark on […]
Intellectual Property – Negligence can’t sustain contributory infringement
BMG Rights Mgm’t LLC v. Cox Commc’ns Inc. (Lawyers Weekly No. 001-024-18, 37 pp.) (Motz, J.) No. 16-1972, Feb. 1, 2018; EDVA at Alexandria (O’Grady, J.) 4th Cir. Holding: Although […]
Intellectual Property – Copyright Infringement – Pool & Pool House Plans – Tort/Negligence – Conversion
Sinclair & Associates of Greenville, LLC v. CresCom Bank (Lawyers Weekly No. 002-010-18, 23 pp.) (David Norton, J.) 2:16-cv-00465; D.S.C. Holding: Plaintiff’s claim that defendants converted plaintiff’s physical architectural plans […]
Intellectual Property – Patent Cancellation – Civil Practice – Witness Immunity
Sanfilippo v. Brewerton (Lawyers Weekly No. 002-204-17, 7 pp.) (Richard Mark Gergel, J.) 2:17-cv-00183; D.S.C. Holding: Plaintiff’s claims are based on defendant’s testimony before the Patent Trial and Appeal Board, […]
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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