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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 Poverty Law Center had designated Liberty as a hate group. Because the statement about the designation was true, the court affirmed dismissal of the Lanham […]
First Amendment trumps NAACP’s trademark, 4th Circuit rules
An anti-abortion group did not infringe upon the NAACP’s trademark by referring to the venerable Baltimore-based black civil rights group as the “National Association for the Abortion of Colored People” in an online article, a federal appeals court has ruled. The Ashburn, Va.-based Radiance Foundation’s substitution of “abortion” for “advancement” in the NAACP’s name for [&hellip[...]
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 […]
Intellectual Property – Trademark – Settlement Agreement — Breach of Contract Claim – Damages – Declaratory Judgment – SCUTPA
Monster Daddy, LLC v. Monster Cable Products, Inc. Where plaintiff is an inactive corporation that does not earn profits, it has not shown any damages as a result of defendants’ alleged breach of the parties’ 2007 settlement agreement. On defendant Monster Cable’s motion for reconsideration, the court grants in part and denies in part Monster Cable’s motion for summary judgmen[...]
Administrative – Lanham Act Preemption May Work in Ethanol Case
American Petroleum Institute v. Cooper Plaintiff trade groups that represent the natural gas and oil industry who want to enjoin enforcement of North Carolina’s Ethanol Blending Statute get another chance to prove Lanham Act preemption; the 4th Circuit agrees with the district court’s grant of summary judgment for defendants, the state and a marketing association, on plaintiffs’ pre[...]
Intellectual Property – Lanham Act – Contributory Trademark Counterfeiting & Infringement – Copied Golf Clubs – Website Coach/Mentor
Roger Cleveland Golf Co. v. Prince Viewing the evidence in the light most favorable to the prevailing party (i.e., plaintiff), defendant Bright Builders was told that defendant Prince was selling “copied clubs.” Bright Builders assisted Prince in registering the domain name “copycatclubs.com.”
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
- 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
- N.C. Bar Association embraces homophobia
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