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5 Jan 2012, 5:48 am by Gmlevine
V. and Velcro USA Inc. v. allinhosting.com/Andres Chavez, D2008-0864 (WIPO July 28, 2008) explained that “it would take an exceptional case to succeed where there was no malicious or exploitative intent directed at the complainant [or its trademark] at time of registration of the domain name. [read post]
9 Nov 2015, 3:45 am
For example, assault requires intent, so if the plaintiff has failed to plead intent, the defense can seek dismissal by filing a 12(b)(6) motion. [read post]
21 Oct 2011, 3:09 am by Marie Louise
Apple v Samsung (PatLit) Metall auf Metall II – The curious case of free use and sampling (1709 Copyright Blog) Bundespatentgericht confirms no risk of confusion between iMove and IMOVIE (Class 46)   Netherlands Samsung loses Dutch case against Apple over 3G patents as court gives meaning to FRAND (FOSS Patents) (EPLAW)   Spain File-sharing admins jailed for linking to copyright works (TorrentFreak)   Sweden Stockholm District Court: Jail sentence for Pirate Bay… [read post]
21 Mar 2011, 3:06 am by Marie Louise
(Docket Report) Raylon – Less-than-cost-of-defense settlements do not warrant Rule 11 sanctions when used to raise capital for litigation: Raylon, LLC v. [read post]
31 Mar 2010, 1:58 pm
Teva Pharm., USA, Inc., 429 F.3d 1364, 1377 (Fed. [read post]
13 Sep 2007, 10:48 am
Jude Medical, Inc., 425 F.3d 1116, 1119-21 (8th Cir. 2005), and Castano v. [read post]
13 Aug 2014, 3:59 am by Kevin LaCroix
”[v] If SEC or other proposed federal regulation of cybersecurity becomes a reality, implementing the Framework could be a mandatory exercise. [read post]
28 Nov 2008, 12:14 pm
– Tackling music piracy in Africa (Afro-IP)   Australia Patent infringement and account of profits: Black & Decker Inc v GMCA Pty Ltd (No 5) (IP Down Under) MONSTER ENERGY keeps battling: Hansen Beverage Company v Bickfords (Australia) Pty Ltd (Australian Trade Marks Law Blog) High Court provides guidance on contributory infringement provision: Northern Territory v Collins (International Law Office)  PricewaterhouseCooper… [read post]
21 Jun 2010, 8:03 pm
(Docket Report) District Court Minnesota: Failure to assert invalidity defense undermines request for stay pending reexamin: J. [read post]