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Intellectual Property

Nov 16, 2017

Intellectual Property – Copyright – Preemption – Software & Data – Trespass & Conversion – Interference with Contract

OpenRisk, LLC v. MicroStrategy Services Corp. (Lawyers Weekly No. 001-196-17, 22 pp.) (Pamela Harris, J.) 16-1852; Nov. 13, 2017; USDC at Alexandria, Va. (Anthony John Trenga, J.) 4th Cir. Holding: Plaintiff’s tort claims under the Virginia Computer Crimes Act are based on allegations that, without plaintiff’s consent, defendant copied and transferred data from plaintiff’s cloud […]

Oct 30, 2017

Intellectual Property – Trademark Infringement – Free Trial Scam – Civil Practice – Preliminary Injunction

Nutramax Laboratories, Inc. v. Nutra Max Labs Inc. (Lawyers Weekly No. 002-179-17, 13 pp.) (J. Michelle Childs, J.) 0:17-cv-01924; D.S.C. Holding: Where (1) defendant uses a name confusingly similar to plaintiff’s registered trademark in a “free trial” scam in which defendant promises not to charge customers’ credit cards until the end of the trial period, […]

Sep 1, 2017

Intellectual Property – Trademark – Declaratory Judgment Action – Civil Practice – Standing – Venue

Jeffers Handbell Supply, Inc. v. Schulmerich Bells, LLC (Lawyers Weekly No. 002-119-17, 23 pp.) (J. Michelle Childs, J.) 0:16-cv-03918; D.S.C. Holding: In a Pennsylvania lawsuit against one of Jeffers Handbell Supply’s employees, Schulmerich Bells alleged that – through Jeffers – the employee was distributing products that infringed Schulmerich’s trademarks and trade dress; therefore, Jeff[...]

Jul 17, 2017

Intellectual Property – Trademark – Attorneys’ Fee Motion – Tactics & Venue

The Marshall Tucker Band, Inc. v. M T Industries, Inc. (Lawyers Weekly No. 002-082-17, 10 pp.) (Mary Geiger Lewis, J.) 7:16-cv-00420; D.S.C. Holding: Although the court ultimately dismissed plaintiffs’ federal trademark claims on the merits, the court cannot say those claims were frivolous. The fact that plaintiffs could have – and perhaps should have – […]

Jun 16, 2017

Intellectual Property – Patent Infringement – Counterclaims – Preemption – False Statements – Affirmative Defenses – Pleading Standard

Hand Held Products, Inc. v. Code Corp. (Lawyers Weekly No. 002-157-17, 12 pp.) (Richard Mark Gergel, J.) 2:17-cv-00167; D.S.C. Holding: Defendant’s state-law injurious falsehood and tortious interference counterclaims are not preempted by the Patent Act because defendant alleges that plaintiff went beyond informing defendant’s customers about potential infringement and warning them about possi[...]

May 10, 2017

Intellectual Property – No Mark Infringement by Haircare Product

Grayson O Company v. Agadir Int’l LLC (Lawyers Weekly No. 001-106-17, 18 pp.) (Motz, J.) No. 15-2552, May 5, 2017; USDC at Charlotte, N.C. (Cogburn, J.) 4th Cir. Holding: In this trademark infringement suit, the 4th Circuit affirms summary judgment for defendant manufacturer of salon-sold, haircare products called “Hair Shield 450,” on an infringement claim […]

Feb 20, 2017

Intellectual Property – Trademark – Civil Practice – Preliminary Injunction – Likelihood of Confusion – Medical Device

Hanger, Inc. v. Original Bending Brace, LLC (Lawyers Weekly No. 002-058-17, 21 pp.) (David Norton, J.) 2:16-cv-01519; D.S.C. Holding: Plaintiff has failed to show a likelihood of success on the merits of its trademark infringement claim because (1) defendant Hooper actually invented the medical device in question; (2) plaintiff has failed to show actual confusion; […]

Feb 15, 2017

Intellectual Property – No False Ad Claim for Domain Name Vendor

Verisign Inc. v XYZ.COM LLC (Lawyers Weekly No. 001-040-17, 19 pp.) (Harris, J.) No. 15-2526, Feb. 8, 2017; Alexandria U.S. District Court (Hilton, J.) 4th Cir. Holding: Plaintiff Verisign Inc., which sells top-level domain names such as .com and .net, did not show that competitor XYZ.COM LLC violated the Lanham Act with statements warning of […]

Dec 12, 2016

Intellectual Property – Civil Practice – Preliminary Injunction – Breach of Contract – Misappropriation of Trade Secrets

Poly-Med, Inc. v. Novus Scientific PTE Ltd. (Lawyers Weekly No. 002-231-16, 22 pp.) (J. Michelle Childs, J.) 8:15-cv-01964; D.S.C. Holding: Not only are the facts hotly disputed in this case involving surgical mesh products, but plaintiff has also failed to show that money damages will not compensate it or that – given its delay in […]

Nov 29, 2016

Intellectual Property – Copyright Infringement – Unfair Trade Practices – Effect on Public – Conversion – Pool Plans

Sinclair & Associates of Greenville, LLC v. CresCom Bank (Lawyers Weekly No. 002-222-16, 19 pp.) (David Norton, J.) 2:16-cv-00465; D.S.C. Holding: Even though the plaintiff-design firm alleges that a developer used plaintiff’s plans for a pool and amenities center when the developer knew it had no right to do so, plaintiff has not alleged that […]

Oct 24, 2016

Intellectual Property – Patent Infringement Claim – Limitation Subparts – Multiple Devices – Ongoing Discovery

Zipit Wireless Inc. v. Blackberry Ltd. (Lawyers Weekly No. 002-201-16, 23 pp.) (J. Michelle Childs, J.) 6:13-cv-02959; D.S.C. Holding: Although plaintiff alleges that 37 of defendant’s Blackberry devices infringe one of plaintiff’s patent limitations that has several subparts, in its summary judgment motion, plaintiff has presented evidence only that one accused device (defendant’s Z10) embo[...]

Sep 9, 2016

Intellectual Property – Copyright Act – Preemption – Breach of Contract – Additional Element – Remand

Hireguru, LLC v. McKay (Lawyers Weekly No. 002-170-16, 6 pp.) (Margaret Seymour, S.J.) 3:16-cv-01669; D.S.C. Holding: The terms and conditions of the clickwrap agreement on plaintiff’s website – to which defendants agreed – offer protections beyond what is offered by the Copyright Act, including a prohibition on reverse engineering. Therefore, plaintiff’s breach of contract claim […[...]

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