Law to Improve Copyright Office Functions Signed

The “Copyright Cleanup, Clarification, and Corrections Act of 2010″ (S. 3689) was signed by the President on December 9, 2010, and became Public Law 111-295. The purpose of the law is to clarify, improve, and correct the laws relating to copyrights. It amends copyright law to promote the use of electronic information by the Copyright […]

Seventh Circuit Describes Test for Attorney's Fee Awards

A manufacturer of infrared light therapy devices was entitled to an award of its attorney’s fees incurred in successfully defending against a Lanham Act false advertising claim brought by a provider of home health care services, the U.S. Court of Appeals in Chicago has decided. The case was “exceptional” for purposes of the fee-shifting provision […]

Nonprofit Abandoned Marks via "Naked License" to Member

An umbrella nonprofit corporation devoted to facilitating the recycling of goods (“The Freecycle Network,” or “TFN”) engaged in “naked licensing” of its trademarks by failing to establish and maintain adequate quality control standards over its licensees’ services and use of the trademarks, according to the U.S. Court of Appeals in San Francisco. TFN was deemed […]

Employee Acted in Bad Faith by Holding Domain "for Ransom"

A designer, manufacturer, and importer of men’s clothing was entitled to an award of $152,000 in damages from a former employee for violating the Anticybersquatting Consumer Protection Act, the U.S. Court of Appeals in San Francisco has held. The domain name for the designer’s website –www.eq-Italy.com –had been registered under the employee’s name. The site […]

Minnesota Mom Again Ordered to Pay Over $1 Million for File Sharing

In a third trial, a federal jury has again found that a Minnesota mother of four owes $1.5 million for downloading and sharing 24 copyrighted songs over the Internet. In June of 2009, the convicted file-sharer was ordered to pay $1.92 million in damages–$80,000 for each of the 24 shared songs. However, last January, the […]

"Satisfied Customer" Claims Could Be False Endorsements

Famous Horse, the operator of brand-name retail clothing chain V.I.M., had standing to pursue Lanham Act false endorsement, trademark infringement, and false advertising claims against wholesalers of counterfeit Rocawear jeans for falsely stating, in the course of marketing products to other clothing sellers, that the store operator was a satisfied customer, the U.S. Court of […]

Board's Interpretation of Non-Substitution Clause Was Faulty

The Court of Appeals for the Federal Circuit reversed an Armed Services Board of Contract Appeals decision holding the government breached an information technology contract’s non-substitution clause because, under a proper interpretation of the contract, the government did not replace leased software after terminating the contract for convenience. The dispute arose from a blanket purchase […]

Paper Towel Dispenser Mark Not Infringed by Competitor

A manufacturer of paper towels and touchless paper towel dispensers under the brand name “enMotion” could not go forward with claims that a competitor engaged in contributory trademark infringement by marketing and selling to distributors a less-expensive paper towel product that was specifically manufactured to work in eMotion dispensers, the U.S. Court of Appeals in […]

U.S. Supreme Court Requests Response in Music Downloading Case

In a move indicating its interest in a music downloading case, the U.S. Supreme Court asked a record company to respond to a petition for certiorari asking the Court to decide whether “the inadvertent innocent infringer defense to copyright infringement should be eliminated for all Internet music downloading.” The record company, which had initially waived […]

SDB Set-Aside Contract Was Illegal, Violated SBA Regulations

The District Court for the Eastern District of Virginia denied a subcontractor’s motion for temporary restraining order and preliminary injunction because the subcontractor sought to enforce an illegal contract that violated SBA 121.103 and SBA 125.6(a). The dispute arose from a loan servicing support contract that was set aside for socially and economically disadvantaged small […]