2021-03-17 14:07
The Ninth Circuit Court of Appeals explained the difference between descriptive, but enforceable, registered marks and generic non-enforceable marks in Advertise.com, Inc. v. AOL Advertising… Read More
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the blog focuses on udrp law and decisions, the anticybersquatting consumer protection act (acpa), trademark litigation theories and tactics, and computer law principles.
2021-03-17 13:47
The Supreme Court, in Petrella v. Metro-Goldwyn-Mayer, Inc., 134 S. Ct. 1962 (2014), (available here), held that the defense of laches was not available to preclude adjudication of copyright… Read More
2021-03-17 13:47
In Michael Kienitz v. Sconnie Nation LLC and Underground Printing-Wisconsin, LLC, 766 F.3d 756 (7th Cir. 2014) (pdf available here), Defendant Sconnie Nation made some t-shirts and tank tops… Read More
2021-03-17 13:47
In Fifty-Six Hope Road Music, Ltd. et al. v. A.V.E.L.A., Inc. et al., Case No. 12-17502, Feb. 20, 2015 (9th Cir.) (PDF available here), the Ninth Circuit Court of Appeals found that the dist… Read More
2019-07-24 14:58
As of July 1, 2019, Florida’s Sexual Cyberharrassment Act, Fla. Stat. 784.049, sometimes called Florida’s revenge porn law, establishes both criminal and civil liability for publ… Read More
2019-07-22 17:14
The Court of Appeals for the Fifth Circuit held that two nonprofit organizations that endorse political candidates in New Orleans, LA, use different names (Alliance For Good Government v. Co… Read More
Offer To Sell Services, For Compensation, More Than One Year Before Patent Filed, Invalidates Patent
2019-07-12 14:56
The Court of Appeals for the Federal Circuit held that when patent owner in February and March 2003, performed furnace tube inspection services similar to the later-issued method patent, on… Read More
2019-06-21 15:37
DC Court of Appeals find Section 230 CDA Immunity From Algorithm Use by Service Providers The Court of Appeals for the District of Columbia affirmed the lower court’s decision d… Read More
2019-06-17 15:03
U.S. Supreme Court Clarifies Scope of Who Can Bring an IPR The U.S. Supreme Court has ruled that because portions of the Patent Act refer to “persons” who may initiate Inter Part… Read More
2019-06-13 13:09
ADA Website Compliance Cases Create Additional Guidance Two cases from the U.S. District Court of the Southern District of New York (SDNY) provide some guidance to website owners handling fe… Read More
2019-06-06 15:30
The Florida Court of Appeals for the Fourth District (4th DCA) reversed a trial court order which compelled a minor to disclose the passwords to open his iPhone and iTunes account, holding t… Read More
2019-05-28 18:13
The Court of Appeals for the Federal Circuit vacated and remanded the lower court decision for a new trial on indirect infringement, compensatory damages, willful infringement, enhanced dama… Read More
2019-05-24 15:15
U.S. Congressional leaders Senators Thom Tillis (R-NC) and Chris Coons (D-DE), Chair and Ranking Member of the Senate Judiciary Subcommittee on Intellectual Property, Representative Doug Col… Read More
2019-05-24 13:55
The Court of Appeals for the Federal Circuit ruled that the claimed method requiring “displaying” a plurality of bid and offer indicators along a “scaled axis of prices,&rd&hell…Read More
2019-05-23 14:25
The U.S. District Court for the Northern District of Illinois upon a Rule 12(b)(6) motion dismissed a count for violation of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. §1030(a)(… Read More
2019-05-21 19:48
In Playnation Play Systems, Inc. v. Velex Corporation, d.b.a. Gorilla Gym, Case No. 17-15226 (11th Cir. 2019) (Full opinion available here), the Court affirmed the lower court’s findin… Read More
2019-05-14 14:38
In Versatop Support Systems, LLC v. Georgia Expo, Inc., Case No. 2018-1208 (Fed. Cir. 2019)(Full Opinion Available Here), the Federal Circuit reversed the District Court and found that a vio… Read More
2019-05-10 12:50
In Rimini Street, Inc., et al. v. Oracle USA, Inc., et al. (March 4, 2019)(Opinion available here), the Supreme Court held that the term “full costs” in §505 of the Copyrigh… Read More
2019-05-10 12:46
In Fourth Estate Public Benefit Corp. v. Wallstreet.com, LLC, et al. (March 4, 2019)(Copy of opinion available here), the Supreme Court decided a split of authority among the U.S. Courts of… Read More
2019-05-06 17:00
On May 2, 2019, the Trademark Office issued a new exam guide on marks for cannabis and cannabis-related goods and services. The Patent and Trademark Office (“USPTO”) refuses to r… Read More
2019-05-02 21:14
The Court of Appeals for the Federal Circuit affirmed a district court’s ruling denying attorneys fees under Section 285 of the Patent Act, 35 U.S.C. sec. 285, when the lower court con… Read More
2019-04-16 20:39
In the case of In Re: SINY Corp., 2018-1077 (Fed. Cir. 2019) (full opinion available here), the Federal Circuit affirmed the Trademark Trial and Appeal Board’s decision that a We… Read More
2019-04-08 12:31
Even if the patent specification discloses a single embodiment, the features or functions of that embodiment should not be read into the claims by a court’s claim construction because… Read More
2019-03-25 20:53
The Federal Trade Commission (FTC) filed a complaint seeking a $12.8M against Cure Encapsulations, Inc. (“Cure”) and others because (a) Cure paid a third-party website to write a… Read More
2019-03-15 19:26
The U.S. Department of Justice accepted a plead bargain from an e-commerce executive who coordinated prices of posters sold on Amazon with several competitors using a software pricing algori… Read More
2019-03-14 12:59
As of March 15, 2019, the U.S. Copyright Office will no longer permit applicant/claimants to file copyright applications having more that ten (10) unpublished works of visual art. This &ldqu&hell…Read More
2019-01-22 16:11
The U.S. Supreme Court held the America Invents Act (AIA) did not alter the meaning of the on-sale bar. The reenactment of the phrase “on sale” in the AIA did not alter the origi… Read More
2018-12-18 13:54
The Court of Appeals for the Federal Circuit upheld a district court decision finding that certain patent claims were not patent-eligible under 35 U.S.C. § 101 and Alice Corp. v. CLS Ba… Read More
2018-12-07 19:20
The Court of Appeals for the Federal Circuit reversed the Patent Trial and Appeals Board’s (“Board”) rejection of Maatia’s design of an athletic shoe bottom. The Fede… Read More
2018-12-03 21:38
The Court of Appeals for the Federal Circuit reversed a district court decision and found that certain patent claims were directed to patent-eligible subject matter. “The[] claims are… Read More
2018-11-30 20:11
The Court of Appeals for the Federal Circuit reversed a finding by the Patent Trial and Appeals Board (“Board”), holding that the evidence supported a finding that petitioner-cha… Read More
2018-10-03 14:49
The Court of appeals for the Federal Circuit has ruled that (a) determination as an inventor is a federal court matter and (b) with respect to future patent rights, the inventor must sign an… Read More
2018-09-28 13:26
The U.S. District Court in California ruled that Monex Credit Co.’s (Monex) new precious metals business system is beyond the scope of the Commodity Futures Trading Commission’s… Read More
2018-08-30 12:30
The Court of Appeals for the Federal Circuit (the “Federal Circuit”) denied rehearing en banc Aatrix Software Inc. v. Green Shades Software Inc., Case No. 2017-1452 (Fed. Cir. Ma… Read More
2018-03-20 13:55
The Court of Appeals for the Federal Circuit confirmed a district court’s determination (on a motion to dismiss) that several patented methods of verifying email and reduce potential h… Read More
2018-02-13 19:40
In Klipsch Group, Inc. v. ePRO E-Commerce Limited et al., Case No. 16-3637 (2nd Cir. 2018)(Available Here), the Court of Appeals for the Second Circuit concluded that the monetary sanctions… Read More
2018-01-22 20:40
In Commodores Entertainment Corporation v. Thomas McClary, Fifth Avenue Entertainment, LLC, Case No. 16-15794 (11th Cir. 2018) (Available Here), the Court of Appeals for the Eleventh Circuit… Read More
2013-04-18 14:24
In a recent domain name dispute over the domain www.SCRAM.com a single member panel denied a request to transfer. See Alcohol Monitoring Systems, Inc.v. Peter Stranney (Nat. Arb. Forum FA 14… Read More
2013-03-07 19:25
In a recent domain name dispute over the domain, www.tatamassage.com, a single member Panel denied a request to transfer. See Tata Sons Limited v. Tata Massage (WIPO Case No. D2012-246… Read More
2013-02-11 17:15
In a recent domain name dispute over the domain, www.SPORT2000.com, a single member Panel denied a request to transfer. See Sport 2000 Brand AG v. sport2000 (WIPO Case No. D2012-2449… Read More
2012-08-08 14:12
In a recent domain name dispute over the domain, www.CaesarsEntertainment.com, a single member Panel denied a request to transfer, mainly on procedural grounds. Caesars World, Inc. v. P.T.Co… Read More
2012-08-06 14:05
In a recent domain name dispute over the domain, www.medasurant.com, a single member Panel denied a request to transfer. See Assurant, Inc. v. ICS INC. (Nat. Arb. Forum FA1447017, July… Read More
2012-08-03 20:24
In a recent domain name dispute over the domain, www.sha.com, a three member Panel not only denied a request to transfer but slammed the Complainant for improperly bringing the dispute… Read More
2011-09-19 19:23
Although we at DefendMyDomain often blog about UDRP domain name decisions. Sometimes, those decisions go another level higher, into the U.S. federal courts. Under action 15 U.S.C. §&hell…Read More
2011-08-12 15:41
In a recent domain name dispute decision, Party Booths, LLC v. Cornelius Angsuco (Nat. Arb. Forum, FA1398420 August 10, 2011) a single member panel was faced with a dispute over the domain w… Read More
2011-07-20 15:04
In a recent domain name dispute over the domain, www.syncard.com, a single member Panel let American Express “Leave Home Without It” and denied a request to transfer a purported… Read More
2011-05-05 17:48
In the recent domain name dispute of Beachbody, LLC v. Gregg Gillies (WIPO Case No. D2011-0358, April 21, 2011) a single member panel was faced with a dispute over the domain www.p90xworkout… Read More
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