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)(2)( C), because plaintiff CouponCabin did not allege damages exceeding the $5,000 statutory … [Read more...] about Federal Computer Fraud and Abuse Act May Be Violated By Scraping Coupon Code Data
A Trademark Registration Is Not Always A Guarantee of Protection
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 finding of infringement and cancellation of Velex’s mark, but vacated and remanded the award of … [Read more...] about A Trademark Registration Is Not Always A Guarantee of Protection
Infringing Trademark “Use In Commerce” is not limited to the Statutory Definition intended for Registration Purposes
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 violation of trademark law was established on the admitted facts and infringing “use in … [Read more...] about Infringing Trademark “Use In Commerce” is not limited to the Statutory Definition intended for Registration Purposes
Costs Awarded in Copyright Infringement Matter Are Limited to Costs Codified in Statutes
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 Copyright Act means the costs specified in the general costs statute codified at §§1821 and 1920. Courts may not … [Read more...] about Costs Awarded in Copyright Infringement Matter Are Limited to Costs Codified in Statutes
Copyright Registration is Required to File Infringement Suit
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 Appeals as to whether a copyright registration is needed to file a copyright infringement … [Read more...] about Copyright Registration is Required to File Infringement Suit
New trademark guidelines issued from the USPTO regarding Cannabis and CBD
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 register marks for goods and/or services that show a clear violation of federal law. A determination of … [Read more...] about New trademark guidelines issued from the USPTO regarding Cannabis and CBD
No Section 285 Attorneys Fees for Patent Claim Construction Ruling at Summary Judgment
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 construed the critical patent term at summary judgment and then held the accused device did not … [Read more...] about No Section 285 Attorneys Fees for Patent Claim Construction Ruling at Summary Judgment
Webpage Specimen Classified as “Display Associated with Goods” Must Include Point of Sale Details for Trademark Registration
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 Webpage Specimen must do more than merely advertise to be an acceptable display associated with the … [Read more...] about Webpage Specimen Classified as “Display Associated with Goods” Must Include Point of Sale Details for Trademark Registration
A Single Embodiment in a Patent Does not Limit Claims to That Single Construction
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 the purpose of the specification is to teach and enable those of skill in the art to make and … [Read more...] about A Single Embodiment in a Patent Does not Limit Claims to That Single Construction
FTC Complaint Seeks $12M for Fake Paid Reviews on Amazon Plus Misrepresentations
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 and post fake reviews on Amazon.com for its product and (b) Cure made false and unsubstantiated claims … [Read more...] about FTC Complaint Seeks $12M for Fake Paid Reviews on Amazon Plus Misrepresentations
