Articles in Channel: Intellectual Property Law

The Court Denies Motion To Dismiss “The Original” False Advertising Lawsuit – Dastar Inapplicable

July 03, 2009 01:47

Los Angeles, CA – Zobmondo filed a Lanham Act § 43(a) false advertising lawsuit over the phrase “Justin and Dave’s Original Would You Rather…? Board Game.” Zobmondo asserted that the term “original” falsely connoted that Defendant’s product was first in...Los Angeles, CA – Zobmondo filed a Lanham Ac...

Clean Energy Patent Index Shows Slight Drop in Q1 2009

Eric Lane
July 03, 2009 00:24

The clean energy patent tallies for the first quarter of 2009 came out last month.  The first quarter report of the Clean Energy Patent Growth Index (CEPGI), run by the Heslin Rothenberg law firm, found that the number of U.S. patents granted in the clean energy sector fell slightly in the first ...

Court declines to unseal inflammatory answer

aquinlan@morrisjames.com
July 02, 2009 23:32

Accenture Global Services GMBH, et al., v. Guidewire Software Inc., Civ. No. 07-826-SLR, June 30, 2009. Robinson, J.  Defendant’s motion to dismiss tortious interference with business claim is denied; its motion to amend its answer to allege trade secret misappropriation claim is...

Ninth Circuit Requires Finding of Substantial Risk of Danger to the Public to Support a Preliminary Injunction Requiring a Product Recall in a Trademark Infringement Case

Stacia Lay
July 02, 2009 21:45

In an opinion issued today, the Ninth Circuit adopted the Third Circuit's standard for determining the propriety of a preliminary injunction directing recall of a product in a trademark infringement case.  Specifically, in addition to the traditional standard for a prohibitory preliminary...

SCO Moves to Amend AutoZone Complaint and IBM Protective Order

July 02, 2009 20:36

SCO has been a busy bee, filing a motion to amend/correct its complaint against AutoZone and a motion to amend/correct the protective order in SCO v. IBM. What it wants in the IBM motion is to get to use documents it got in discovery in that action in the bankruptcy, to demonstrate "the value...

FCC Opening Door for New LPTV and TV Translator Applications

McCormick@fhhlaw.com
July 02, 2009 19:41

First-come, first-served filing opportunity for rural facilities begins August 25; Nationwide opportunity slated to start January 25, 2010 Ever want to own your own television station? Your chance is just around the corner, as long as you’re willing to start small with a Low Power...

What's In A Name?

Rajiv Sarathy
July 02, 2009 19:04

In Shakespeare's Romeo & Juliet, Juliet says to Romeo: What's in a name?  That which we call a rose By any other name would smell as sweet. (Act II, scene ii.)   GoDaddy doesn't agree with Juliet.  The company is no stranger to filing patent...

Supreme Court Says A Lot by Saying Little

Kevin Goldberg
July 02, 2009 16:03

The United States Supreme Court engaged in a flurry of activity as it brought to the 2008-2009 term to a close this week.  However, for those interested in communications matters, the biggest effect will likely be from cases in which the Court did not issue an opinion.  In two...

If you really want to hear about it

July 02, 2009 15:22

The NYT City Room blog reports that J.D. Salinger won a preliminary injunction in his lawsuit against the writer of , Judge Rules for Salinger in Copyright Suit: "In a 37-page ruling filed on Wednesday, Judge Batts issued a preliminary...The NYT City Room blog reports that J.D. Salinger won a...

World e-Book Faire

July 02, 2009 14:20

Project Gutenberg and the World Public Library are co-promoting a month-long event with that name. Their theme is one of "public access" and they're offering something like two million eBooks for download. I haven't investigated completely but it appears that all the offered downloads are in PDF...