Archive for the ‘Cyberpiracy’ Category

Tweets – Decisions Released on Nov. 16, 2009

Monday, November 16th, 2009

Domain Names
Anti-Cybersquatting Consumer Protection Act
Ninth Circuit
Lahoti v. Vericheck, Inc.
2008-35001
USDC WD Washington

Did a bench trial judgment properly obtain, and was the court’s analysis regarding trademark distinctiveness sound, where a notorious cybersquatter had been found liable under the Anti-Cybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d), the Lanham Act, 15 U.S.C. §§ 1051 et seq., the Washington Consumer Protection Act, Wash. Rev. Code § 19.86, and various Washington common law doctrines for having displayed plaintiff’s Georgia state service mark VERICHECK as part of defendant’s registered domain name, vericheck.com, in connection with his pay-per-click website that did not offer any goods or services?

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Tweets – Decisions Released on July 23, 2009

Friday, July 24th, 2009

Trade Identity
Federal Circuit
In re Hotels.com, L.P.
2008-1429
Trademark Trial and Appeal Board

For purposes of federal service mark registrability, is the purported mark HOTELS.COM generic or merely descriptive of the International Class 43 services “providing information for others about temporary lodging; travel agency services, namely, making reservations and bookings for temporary lodging for others by means of telephone and the global computer network” insofar as the term HOTELS.COM may communicate the central focus of the services directly to the minds of the relevant public?

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Trade Identity
Cybersquatting
Eleventh Circuit
Southern Grouts & Mortars, Inc. v. 3M Company
2008-15850
USDC SD Florida

On motion for summary judgment, did renewed registration of the domain name diamondbrite.com violate the Anticybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d) and constitute unfair competition under the Lanham Act, 15 U.S.C. § 1125(a) where the parties competed in the swimming pool finishing industry, plaintiff allegedly utilized the mark DIAMOND BRITE with its goods, plaintiff did not evidence “use in commerce,” defendant held no trademark rights to DIAMOND BRITE except for use in the past with “electronically controlled display panels and signs,” defendant promoted its wares with COLORQUARTZ, and yet defendant kept renewing the domain name diamondbrite.com in connection with a zero-content website that re-directed Web traffic to its main site?

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Patent Inventorship
Federal Circuit
U. Pittsburgh v. Hedrick
2008-1468
USDC CD California

Based largely upon information gathered from laboratory notebooks, at what point in time was the subject matter of United States Patent No. 6,777,231 for a method of differentiating adipose-derived stem cells into bone, fat, nerve, cartilage and muscle tissues finalized and disclosed with reasonable certainty such that a PHOSITA would be in possession of the invention and the actual inventors of the patented technology could be discerned under 35 U.S.C. § 116?

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Tweets – Decisions Released on July 9, 2009

Thursday, July 9th, 2009

Ohio Franchise Law
Sixth Circuit
Wendy’s International, Inc. v. Saverin
2008-4245
USDC SD Ohio

On motion for summary judgment, did the court err by not ruling in favor of a franchisee who argued the franchisor had agreed to allow the franchisee extra time to find a buyer for failing restaurants pursuant to a written forebearance contract and by rejecting the argument that the franchisor had breached an implied covenant of good faith and fair dealing under Ohio law when it did not oppose receivership on the franchisee’s assets?

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Domain Names
Cyberpiracy
Copyright
Trade Identity
Eleventh Circuit
St. Luke’s Cataract and Laser Institute, P.A. v. Sanderson
2008-11848
USDC MD Florida

Where a cosmetic surgeon had contributed work-related content, including a logo, to a website paid for by his former employer and the doctor subsequently “moved” a revised version of the site to support his independent medical practice after the employment arrangement had terminated and the employer procured a copyright registration on the site, which party owned the intellectual property assets else infringed the rights of the other party?

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Patent Prosecution
Patent Infringement
Federal Circuit
Wong v. United States
2009-5059
USCFC

Does the United States Court of Federal Claims have jurisdiction to declare an abandoned patent application “meritorious” and thereby compel the Solicitor General to achieve issuance and, further, may the court entertain a patent infringement lawsuit filed pro se by a teacher-inventor if the defendant, which is the federal government, was not shown to have used or manufactured technologies within the scope of the patents asserted?

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Posted in Copyright, Cyberpiracy, Domain Names, Franchise, Trade Identity, U.S. Patent | Comments Off