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Mealey's Intellectual Property

  • October 04, 2024

    Federal Circuit Reverses Summary Judgment On Counterclaim In Crocs’ Patent Suit

    WASHINGTON, D.C. — A federal judge in Colorado was wrong to grant summary judgment in favor of Crocs Inc. on a counterclaim of false advertising brought by a defendant shoe company in a sprawling patent infringement case originally filed nearly two decades ago, a panel of the Federal Circuit U.S. Court of Appeals held Oct. 3.

  • October 04, 2024

    Judge Denies Code Publisher’s Injunction Bid, Citing Likely Fair Use

    PHILADELPHIA — A federal judge in Pennsylvania denied a motion for a preliminary injunction brought by a publisher of technical standards for a number of industries, holding that the publisher is unlikely to prevail on claims of both copyright and trademark infringement it brought against a company it said posted copies of its codes to its website without permission; the judge agreed with the defendant company and certain of its executives that a fair use defense likely applies.

  • October 03, 2024

    Photographer’s Copyright Suit Over Wu-Tang Photo Largely Survives Dismissal Bid

    NEW YORK — A federal judge in New York mostly denied an arts and entertainment outlet’s request to dismiss a copyright infringement complaint brought against it by a photographer who claims that the company shared a photo he took of two rappers without his permission, only ruling against the photographer for failing to show that the outlet shared the photo with false copyright management information (CMI).

  • October 03, 2024

    Judge Dissolves TRO In Neck Fan Patent Suit, Denies Damages Motion

    CHICAGO — An Illinois federal judge rejected a technology company’s motion to convert a temporary restraining order (TRO) against a company it accused of infringing patents related to a fan device that hangs around the wearer’s neck into a preliminary injunction; the judge also dissolved the TRO, holding that the patent holder did not establish a likelihood of success on its infringement claim.

  • October 03, 2024

    Federal Circuit Reverses Federal Judge’s Denial Of JMOL Motions In Patent Row

    WASHINGTON, D.C. — A federal judge in Missouri should have granted defendant companies’ motions for judgment as a matter of law (JMOL) and for a new trial on damages, the Federal Circuit U.S. Court of Appeals ruled Oct. 2, holding that a plaintiff company’s infringement theory on patents related to meat and cheese slicers was based on allegations not in evidence.

  • October 02, 2024

    Judge: No Jurisdiction For Artist’s Class Copyright Claims Against Online Store

    NEW YORK — A New York federal judge on Oct. 1 issued an opinion confirming an August “bottom-line” order dismissing a putative class action complaint brought by an artist alleging that an e-commerce company infringed on his copyrighted work and that of many other artists, holding that the New York federal court does not have personal jurisdiction based in part on customers’ locations.

  • October 02, 2024

    Photo Licensing Firm’s Copyright Infringement Suit Not Time-Barred, Judge Holds

    NEW YORK — A spa accused by a photography licensing company of infringing on copyrights by posting multiple photos to the spa’s social media pages without permission was incorrect to argue that the licensing company’s suit was time-barred, a federal judge in New York held, denying the spa’s motion to dismiss the complaint.

  • October 02, 2024

    Judge Won’t Clarify AI Copyright Trade Dress Ruling

    SAN FRANCISCO — While it portrays its motion as one for clarification, artificial intelligence company Midjourney actually seeks reconsideration of a ruling finding that a plaintiff adequately alleged trade dress claims, a federal judge in California said in denying the motion.

  • October 02, 2024

    Judge: Confusion Not Likely Between Competing Irish Butter Trade Dresses

    NEW YORK — A federal judge largely granted a defendant food company’s motion for summary judgment in a trademark dispute involving the packaging of Irish butter, holding that the company’s butter is unlikely to be confused with the Irish butter sold by a plaintiff company due to dissimilarities in the packaging.

  • October 02, 2024

    Judge OKs Preliminary Injunction In Patent Fight Over Wall Socket Cover

    MIAMI — A federal judge in Florida granted a plaintiff electrical appliance company’s motion for a preliminary injunction on the company’s claims that a defendant company violated its patent with an allegedly infringing wall socket organizer product, affirming a federal magistrate judge’s holding that the plaintiff company adequately displayed its likelihood of success on the merits.

  • October 01, 2024

    11th Circuit Affirms Judge’s Entry Of Trademark Suit Settlement Terms

    ATLANTA — The 11th Circuit U.S. Court of Appeals on Sept. 30 rejected arguments from the former president of a servicemembers’ families organization in a trademark dispute with the organization after her ouster, holding that an Alabama federal judge did not introduce new settlement terms into an order memorializing the settlement between the parties that were not agreed upon.

  • October 01, 2024

    Only Copyright Claim Survives In Atari’s Arcade Cabinet Row With State Farm

    DALLAS — A federal judge in Texas said a copyright infringement claim brought by Atari Interactive Inc. against the State Farm Mutual Automobile Insurance Co. and advertising companies that worked with it for allegedly using an Atari arcade cabinet in a commercial without Atari’s permission can survive a motion to dismiss; however, the judge held that all other claims brought by the video game company fail.

  • October 01, 2024

    Order Lays Out Security Details For ChatGPT Discovery

    SAN FRANCISCO — Discovery in plaintiffs’ consolidated copyright litigation over the data used by OpenAI Inc. to train its large language models (LLMs), including ChatGPT, will occur in a secure room at a computer isolated from the internet and other networks, a federal magistrate judge in California said in adopting stipulated protocol.

  • October 01, 2024

    DMCA AI Ruling Heads To 9th Circuit After Grant Of Immediate Appeal

    OAKLAND, Calif. — Plaintiffs with copyright claims against GitHub Inc. and others stemming from the training of artificial intelligences may file an interlocutory appeal of a ruling requiring identicality under the Digital Millenium Copyright Act (DMCA) and dismissing the claims, a federal judge in California said.

  • October 01, 2024

    Man Calls AI-Assisted Art A Human Creation, Faults Copyright Office Denial

    DENVER — Comparing his artificial intelligence-assisted work to that of Jackson Pollock, a man alleges in a federal court in Colorado that the Copyright Office acted in an arbitrary and capricious manner when it denied his application for a copyright of a work he says he spent in excess of 100 hours tweaking and improving.

  • September 30, 2024

    California Governor Signs 17 AI-Related Laws, Creates Task Force

    SACRAMENTO, Calif. — California Gov. Gavin Newsom, who recently signed 17 bills governing artificial intelligence, took yet another step toward regulation on Sept. 29, announcing the creation of new initiatives designed to ensure safe and responsible use of the technology.

  • September 30, 2024

    Isaac Hayes Estate Drops Some Defendants From Trump Campaign Copyright Suit

    ATLANTA — The estate of a songwriter and the company that manages his works on Sept. 27 voluntarily dismissed the Republican National Committee and other groups from a lawsuit accusing former President Donald J. Trump and associated entities of copyright infringement for their use of a 1960s soul song at campaign rallies.

  • September 30, 2024

    Judge Denies Alleged ‘Patent Troll’s’ Motion To Dismiss Valve’s Complaint

    SEATTLE — A federal judge in Washington said a video game company has shown that it had adequate reason to fear infringement claims would be brought by a man the company deems a “patent troll,” denying a motion from the man and entities he controls to dismiss the company’s complaint seeking a declaration invalidating one of the relevant patents.

  • September 30, 2024

    Advertisers Appeal Order Requiring Wind-Down Of Use Of Marks To 9th Circuit

    LOS ANGELES — Defendant advertising firms that were ordered by a California federal judge to begin winding down their use of marks a plaintiff firm says infringe on its word mark “MARS” on Sept. 27 appealed the judge’s entry of a preliminary injunction in the plaintiff firm’s favor.

  • September 27, 2024

    2nd Circuit Affirms $33M In Damages In Diabetic Test Strip Trademark Fight

    NEW YORK — A panel of judges in the Second Circuit U.S. Court of Appeals on Sept. 26 upheld a New York federal judge’s entry of default judgment and damages against a wholesaler and its principals accused by a manufacturer of diabetic test strips of trademark infringement for selling the strips without permission, holding that the wholesaler’s intentional withholding of discovery information justified the finding.

  • September 27, 2024

    Judge: Rogers Test Precludes Trademark Suit Over F1 Team Leader’s Book

    LOS ANGELES — A federal judge in California dismissed with prejudice a trademark infringement suit brought by a motor vehicle parts company against a member of the Formula 1 team it owns and his publisher, holding that the team member’s use of the company’s logos in photos in his book about his time in F1 are not infringing.

  • September 27, 2024

    Judge: Tattoo Artist Did Not Show How Game Makers’ Infringement Caused Damages

    EAST ST. LOUIS, Ill. — An Illinois federal judge held that the developers of wrestling video games are not entitled to judgment as a matter of law after a jury determined that they are liable for copyright infringement of a tattoo artist’s work through their depictions in-game of a tattooed wrestling star, but they are entitled to judgment as a matter of law on damages because the artist presented no evidence at trial to support the award of damages.

  • September 26, 2024

    Company Says 5th Circuit’s Copyright Opinion Contradicts Other Recent Opinion

    NEW ORLEANS — A defendant distribution company petitioned the Fifth Circuit Court of Appeals for en banc rehearing, arguing that a circuit panel’s affirmation of a Louisiana federal judge’s entry of final judgment in favor of the plaintiff company on copyright infringement claims cannot be squared with a recent Fifth Circuit decision in another copyright case.

  • September 26, 2024

    Developers Of Video Game Cheat Again Appeal Copyright Case To 9th Circuit

    SEATTLE — Only a month after the Ninth Circuit U.S. Court of Appeals held that a Washington federal judge did not err in affirming a nearly $4.4 million arbitration award in a copyright infringement case involving video game cheating software, the case is headed back to the Ninth Circuit as the companies who created the software on Sept. 25 notified the district court that they were appealing the court’s decision to deny their motion for a new trial.

  • September 26, 2024

    Federal Circuit Grants Google’s Petition For Rehearing Of Patent Dispute

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals said Sept. 25 that it will reconsider its June opinion leaving in place findings by a jury empaneled in a Texas federal court that Google LLC infringed smart thermostat technology to the tune of $20 million in damages owed to a patent owner, granting Google’s petition for en banc rehearing.