LexisNexis® Legal Newsroom
Troutman Sanders LLP: Rosetta Stone Opinion Clarifies Standard for Trademark Infringement Claim in Keyword Advertising Context

By Douglas "Doug" D. Salyers , James Moore Bollinger , Mark S. VanderBroek and Michael "Mike" D. Hobbs Jr. In Rosetta Stone v. Google [ enhanced version available to lexis.com subscribers ], the U.S. Court of Appeals for the Fourth Circuit recently clarified the legal standard...

Troutman Sanders LLP: Jos. A. Bank Faces Class Action Over “Never-Ending” Sale

By Karen F. Lederer and Eric L. Unis On April 5, 2012, two consumers filed a proposed class action in federal court in New Jersey against Jos. A. Bank, alleging that the men's clothing retailer perpetually misrepresented its merchandise as being "on sale." The lawsuit claims that the...

Troutman Sanders LLP: Supreme Court One Step Closer to Question of Whether a Defendant in a Trademark Case can Still Challenge the Mark's Validity after the Plaintiff Agrees to a Covenant Not to Sue

By Megan Rahman The Supreme Court has asked Nike to respond to a cert petition which addresses whether a federal district court is divested of jurisdiction once a defendant in a trademark case promises not to assert its mark against the plaintiff's then-existing commercial activities. On appeal...

Troutman Sanders LLP: Summary Judgment Awarded in First EDVA Trademark Decision Since Rosetta Stone

By Dabney Carr The Fourth Circuit's recent decision in Rosetta Stone v. Google , 2012 U.S. App. LEXIS 7082 (4 th Cir. April 9, 2012) [ enhanced version available to lexis.com subscribers ], discussed here , has apparently not chilled the EDVA's willingness to grant summary judgment in trademark...

Troutman Sanders LLP: Applying Twombly/Iqbal to Trademark Infringement Claims

By Dabney Carr In a recent decision denying a motion to dismiss claims relating to a "poached" service mark, Judge Hudson set a lenient standard for pleading trademark infringement under Bell Atlantic Corp. v. Twombly , 550 U.S. 544 (2007) [ enhanced version available to lexis.com subscribers...

Troutman Sanders LLP: Court Awards Attorneys' Fees for Willful Trademark Infringement

By Dabney Carr After a bench trial, Judge Gibney of the Eastern District of Virginia found in favor of Lorillard Tobacco on its claims of trademark infringement, unfair competition and trademark dilution and awarded attorneys' fees to Lorillard based on an exceptional case finding under 15...

Troutman Sanders LLP: IP Claims in Corporate Breach of Fiduciary Duty Cases

By Dabney Carr A recent decision from Judge Trenga in the Eastern District of Virginia illustrates how corporate disputes can give rise to intellectual property claims, including trademark infringement, anti-cybersquatting and Computer Fraud and Abuse Act claims. Ritlabs, S.R.L. v. Ritlabs, Inc...

Troutman Sanders LLP: Rosetta Stone and Google Settle Trademark Suit

By Megan Rahman Rosetta Stone Inc. and Google Inc. settled their trademark infringement suit Wednesday [Oct. 31st] in the Eastern District of Virginia (case no. 1:09-cv-00736). The suit, filed by Rosetta Stone (and previously posted about here and here and here ), revolved around the treatment of...