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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 […]
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, […]
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[...]
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 – […]
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[...]
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 […]
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; […]
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 […]
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 […]
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 […]
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[...]
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 […[...]
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
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- 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
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
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