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Intellectual Property

Mar 30, 2016

Intellectual Property – Unfair Competition Claim for Drug-Name Use

Belmora LLC v. Bayer Consumer Care AG v. Belmora LLC (Lawyers Weekly No. 001-060-16, 35 pp.) (Agee, J.) No. 15-1335, March 23, 2016; USDC at Alexandria, Va. 4th Cir. Holding: In this Lanham Act case asserting unfair competition in the use of the “Flanax” trademark for pain medication sold in the U.S. and in Mexico, […]

Feb 23, 2016

Intellectual Property – Trademark Infringement – Internet Advertising – Attorneys – Tort/Negligence – Defamation – Debt Collector

AMCOL Systems, Inc. v. Lemberg Law, LLC (Lawyers Weekly No. 002-041-16, 19 pp.) (Cameron McGowan Currie, S.J.) 3:15-cv-03422; D.S.C. Holding: Plaintiff’s complaint alleges that defendants’ internet advertising – seeking to represent clients who have been damaged by debt collectors – diverted debtors by leading them to believe that plaintiff engages in improper collection practices. Nothing[...]

Dec 21, 2015

Intellectual Property – Trademark – Likelihood of Confusion – Attorneys – Internet Ads – Suing Debt Collectors

AMCOL Systems, Inc. v. Lemberg Law, LLC (Lawyers Weekly No. 002-220-15, 11 pp.) (Cameron McGowan Currie, S.J.) 3:15-cv-03422; D.S.C. Holding: A law firm doesn’t violate the Lanham Act when it advertises its services related to suing debt collectors like plaintiff, even when it uses plaintiff’s trademark in its advertising. The court grants defendants’ motion to […]

Oct 20, 2015

Intellectual Property – Trademark Infringement – Hotel Name – Actual Confusion – Damages

Choice Hotels International, Inc. v. Zeal, LLC (Lawyers Weekly No. 002-181-15, 39 pp.) (Bruce Howe Hendricks, J.) 4:13-cv-01961; D.S.C. Holding: After defendants bought a North Myrtle Beach hotel from one of plaintiff’s former franchisees, defendants eventually changed the hotel’s sign from plaintiff’s Econo Lodge Inn & Suites to Econo Studios Inn & Suites; nevertheless, plaintiff [&[...]

Jul 6, 2015

Intellectual Property — High-Rise Building Copyright Claim Fails

Humphreys & Partners Architects LP v. Lessard Design (Lawyers Weekly No. 001-117-15, 26 pp.) (Duncan, J.) No. 14-2030, June 23, 2015; USDC at Alexandria, Va. (Ellis, J.) 4th Cir. Holding: In this suit alleging the design of a high-rise apartment building in McLean, Va., infringes on plaintiff architectural firm’s copyright for a condominium building in […]

Jun 23, 2015

Intellectual Property — No False Ad Claim for ‘Bonded Leather’ Ads

Design Resources Inc. v. Leather Industries of America (Lawyers Weekly No. 001-110-15, 23 pp.) (Duncan, J.) No. 14-1990, June 18, 2015; USDC at Greensboro, N.C. (Osteen, J.) 4th Cir. Holding: Defendants, a furniture manufacture, a leather industry trade association and its laboratory and lab director, win summary judgment in a false advertising suit filed by […]

May 19, 2015

Intellectual Property — Court Vacates ‘NAACP’ Trademark Injunction

The Radiance Foundation Inc. v. Nat’s Ass’n for the Advancement of Colored People (Lawyers Weekly No. 001-088-15, 36 pp.) (Wilkinson, J.) No. 14-1568, May 19, 2015; USDC at Norfolk, Va. (Jackson, J.) 4th Cir. Holding: The 4th Circuit vacates an injunction to halt a foundation’s use of “NAACP,” the trademark of the National Association for […]

May 6, 2015

Intellectual Property — Applicant Must Pay PTO Lawyer Fees

Shammas v. Focarino, Comm’r of Patents (Lawyers Weekly No. 001-081-15, 27 pp.) (Niemeyer, J.) No. 14-1191, April 23, 2015; USDC at Alexandria, Va. (Ellis, J.) 4th Cir. Holding: The 4th Circuit upholds an order requiring a “dissatisfied applicant in an ex parte trademark proceeding” to pay attorney’s fees and expenses of $36,320.49, including salary expenses […]

Apr 1, 2015

Intellectual Property — Treble Damages Reversed in Paper Towel Case

Georgia-Pacific Consumer Products LP v. von Drehle Corp. (Lawyers Weekly No. 001-059-15, 53 pp.) (Niemeyer, J.) No. 13-2003, March 30, 2015; USDC at Raleigh, N.C. (Boyle, J.) 4th Cir. Holding: In Georgia-Pacific’s suit against defendant manufacturer of a cheaper paper towel for “stuffing” into G-P’s trademarked “enMotion” motion-activated paper towel dispenser, the 4th Circuit reverses[...]

Feb 24, 2015

Intellectual Property — Trademark Infringement – Taxi Companies – Corporate Officer

Dao Travels, LLC v. Charleston Black Cab Co. (Lawyers Weekly No. 002-032-15, 12 pp.) (Patrick Michael Duffy, J.) 2:14-cv-01967; D.S.C. Holding: Even if the individual defendant was acting primarily for the benefit of the corporate defendant, a corporate official may be held personally liable for violations of the Lanham Act. The court denies defendants’ motion […]

Nov 5, 2014

Intellectual Property — Patent Infringement Claims – Attorney’s Fees – ‘Exceptional Case’

Pure Fishing, Inc. v. Normark Corp. (Lawyers Weekly No. 002-213-14, 12 pp.) (Cameron McGowan Currie, J.) 3:10-cv-02140; D.S.C. Holding: Before the decisions in Highmark Inc. v. Allcare Health Management Systems, Inc., 134 S. Ct. 1744 (2014), and Octane Fitness, LLC v. Icon Health & Fitness, Inc., 134 S. Ct. 1749 (2014), this court limited its […]

Jul 7, 2014

Intellectual Property – Jury Should Hear ‘Functionality’ Issue

McAirlaids Inc. v. Kimberly-Clark Corp. (Lawyers Weekly No. 14-01-0635, 15 pp.) (Duncan, J.) No. 13-2044, June 25, 2014; USDC at Roanoke, Va. (Wilson, J.) 4th Cir. Holding: In plaintiff’s suit alleging defendant Kimberly-Clark’s use of a dot pattern in its absorbent “GoodNites” bed mats infringed plaintiff’s rights in its own dot-embossed pattern for a textile-like […]

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