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Category: Unfair competition


Trademarks: Property Plus Insurance
October 11, 2019
Post by Gregory "Lars" Gunnerson
Intellectual property is a category of property that includes intangible creations of the human intellect. It is widely accepted patents, copyrights, and trademarks confer an exclusive right. Unlike patents and copyrights, the constitutional foundation for trademark law is the Commerce Clause, U.S. Const., Art. I, § 8, cl. 3, rather than the Intellectual Property Clause, U.S. Const., Art. I. § 8, cl. 8. .......
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Domain Name Disputes: A UDRP Primer
August 09, 2017
Post by Brandon W. Clark
Has someone registered a domain that is identical or strikingly similar to your brand name or trademark? What rights do you have and what legal remedies are available if you or your company find yourself in a dispute over a domain name? This article is intended to serve as a brief overview of domain name dispute resolution proceedings. ICANN, the Internet Corporation for Assigned Names and Numbers, was f.......
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The Eagles Sue Hotel California
May 02, 2017
Post by Brandon W. Clark
On a dark desert highway, cool wind in my hair Warm smell of the courtroom, rising up through the air(sorry) Earlier this week, The Eagles sued a Mexico based hotel, aptly named Hotel California, alleging trademark infringement and unfair competition. The case, filed May 1, 2017, isEagles Ltd v Hotel California Baja LLC et al, U.S. District Court, Central District of California, No. 17-03276, and alleges.......
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Political Campaigns & Unauthorized Music
January 18, 2016
Post by Brandon W. Clark
Brandon W. Clark As the presidential caucuses approach so do the opportunities for political candidates to end up in the headlines for using unauthorized music in their campaigns. In nearly every campaign cycle you hear about a recording artist upset that a politician or campaign used the artist's music without authorization. A list of notable disputes include Bruce Springsteen vs. Ro.......
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Are electronic transmissions "articles"within 19 U.S.C. § 1337?
November 16, 2015
Post by Blog Staff
The United States International Trade Commission (USITC) is authorized by federal law (39 U.S.C. § 1337) to take action against the "importation … of articles that (i) infringe a valid and enforceable U.S. patent."USITC investigations represent an alternative to federal court intellectual property litigation, and may be especially useful where the allegedly infringing act invo.......
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Passing Off and Taking Credit for Architectural Plans
September 22, 2014
Post by Blog Staff
The United States Court of Appeals for the Seventh Circuit has issued a decision in Gensler v. Strabala, overturning a district court’s ruling dismissing a complaint for trademark infringement under §43(a) of the Lanham Act. Strabala, a former Design Director and architect for the architectural firm Gensler & Associates, formed his own design firm, 2Define Architecture. The 2Define Architecture web.......
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The Ongoing Battle of Copyright Protection and Pre-1972 Sound Recordings
April 23, 2014
Post by Blog Staff
Federal Copyright Law generally protects works that are fixed in a tangible medium from unauthorized use, including copying, performance, exhibition, and broadcasting. However, sound recordings from before 1972 are treated uniquely under the law—a situation that has resulted in real legal problems. When enacted, the Federal Copyright Law preempted any state rights relating to copyright protection. Howeve.......
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New and Useful - July 10, 2013
July 10, 2013
Post by Blog Staff
· InConvolve v. Compaq Computer the Federal Circuit affirmed in part the United States District Court for the Southern District of New York ruling that Compaq Computer Corp., Seagate Technology, LLC., and Seagate Technology, Inc. did not misappropriate 11 of 15 alleged trade secrets from Convolve, Inc. In addition, the Federal Circuit affirmed the district court’s judgment that 8 claims of U.......
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Tenth Circuit: No trademark infringement, unfair competition, or cybersquatting by parody sites
June 02, 2008
Post by Blog Staff
In a decision last week, the Tenth Circuit affirmed a district court's grant of summary judgment finding no trademark infringement, no unfair competition, and no cybersquatting. The district court held, and the Tenth Circuit affirmed, that none of the three elements of a trademark infringement action was proven, namely that the mark was not protectable, the defendant's use was not in connection with goods.......
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Quality of investigation irrelevant to whether claims objectively baseless
April 25, 2008
Post by Blog Staff
In a Wednesday decision, the Federal Circuit affirmed a district court decision that a patent holder's communications with a competitor's customers that the competitor's products were infringing were not objectively baseless, and therefore could not support state law tort claims of unfair competition, intentional interference with contractual relations, interference with prospective economic advantage.......
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Eleventh Circuit: Insufficient evidence of likely confusion dooms 43(a) claim
November 28, 2007
Post by Blog Staff
In a decision last week, the Eleventh Circuit affirmed a district court's decision granting summary judgment of no trademark infringement and no unfair competition. The plaintiff and defendant had entered into a contract for the plaintiff to design a water meter reading system. After the plaintiff allegedly breached the contract, the defendant engaged different companies to complete the project. The replac.......
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Two patents held obvious, "no question" that motivation to combine references existed
November 16, 2006
Post by Blog Staff
Optivus Technology sued Ion Beam Applications (IBA) for infringing its patents relating to the use of proton beams in cancer therapy, and specifically to proton beam therapy facilities with multiple treatment rooms using the same proton source. In addition to patent infringement, Optivus also claimed violations of California and Florida unfair competition laws and a Lanham Act "false statement" claim. The distri.......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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