NEW YORK - In an amended complaint filed March 3 in New York federal court, musician Kanye West named several previously unidentified defendants in his trademark infringement lawsuit seeking to halt use of a "cryptocurrency" using the moniker "Coinye West" (Kanye West, et al. v. 0daycoins.com, et al., No. 1:14-c-00250, S.D. N.Y.).
CHICAGO - The investor who filed a putative class action against Mt. Gox Inc., the bankrupt operator of a bitcoin exchange, on March 4 moved in the U.S. District Court for the Northern District of Illinois for a temporary restraining order and a preliminary injunction preventing the company from "dissipating" its assets held in the United States (Gregory Greene v. Mt Gox, et al., No. 14-01437, N.D. Ill.).
CHICAGO - Allegations that two defendants committed false endorsement under the Lanham Act when they accessed a plaintiff's Twitter and Facebook accounts without permission were rejected on summary judgment March 3 by an Illinois federal judge (Jill E. Maremont v. Susan Fredman Design Group Ltd., et al., No. 10-7811, N.D. Ill.).
RALEIGH, N.C. - A North Carolina federal magistrate judge on March 3 ordered an infringement plaintiff to turn over all documents it submitted to, or received from, the U.S. Copyright Office in securing protection for a copyrighted software system (SAS Institute Inc. v. World Programming Limited, No. 10-25, E.D. N.C.).
BALTIMORE - A secondary school won a preliminary injunction barring its former alumni association from using various school-related trademarks on March 4 (Potomac Conference Corporation of Seventh-Day Adventists, d/b/a Tacoma Academy v. Takoma Academy Alumni Association Inc., No. 13-1128, D. Md.).
BOSTON - The installation of a global positioning system (GPS) device on a suspected arsonist's vehicle fell within the good faith exception to the Fourth Amendment of the U.S. Constitution, a First Circuit U.S. Court of Appeals panel found Feb. 28, upholding a lower court's denial of the defendant's motion to suppress the GPS evidence (United States of America v. Jose L. Baez, No. 13-1025, 1st Cir.; 2014 U.S. App. LEXIS 3858).
MEMPHIS, Tenn. - A defendant accused of infringing copyrighted cheerleading uniforms won summary judgment March 1 from a Tennessee federal judge (Varsity Brands Inc. v. Star Athletica, No. 10-2508, W.D. Tenn.).
SAN FRANCISCO - A California federal judge abused her discretion in analyzing a trademark infringement plaintiff's likelihood of success on the merits, according to a March 3 ruling by the Ninth Circuit U.S. Court of Appeals (Wells Fargo & Co. v. ABD Insurance and Financial Services Inc., No. 13-15625, 9th Cir.).
WASHINGTON, D.C. - A California federal judge's construction of the term "program" as limited to application programs was erroneous, the Federal Circuit U.S. Court of Appeals ruled March 3 in reversing an award of summary judgment in favor of defendant Apple Inc. (Ancora Technologies Inc. v. Apple Inc., Nos. 13-1378, -1414, Fed. Cir.).
CHICAGO - A putative class of investors filed a lawsuit against bankrupt Mt. Gox Inc. on Feb. 27 in the U.S. District Court for the Northern District of Illinois, alleging fraud, breach of contract and other causes of action related to the loss of 744,000 bitcoins, a digital currency the investors say is valued at $409.2 million (Gregory Greene v. Mt Gox, et al., No. 14-01437, N.D. Ill.).
TALLAHASSEE, Fla. - Infringement claims levied by a patent owner will proceed against 23 "upstream manufacturers" and suppliers of equipment used by DirecTV Inc., but not DirecTV itself, a Florida federal judge ruled Feb. 28 (Global Communications Inc. v. DirecTV Inc., et al., No. 12-651, N.D. Fla.).
MIAMI - A man's successful settlement of an age discrimination lawsuit against his employer was nullified when his daughter's social network posting revealed that the man had violated the settlement's nondisclosure agreement, a Florida appeals panel ruled Feb. 26, declining to enforce the agreement (Gulliver Schools Inc., et al. v. Patrick Snay, No. 3D13-1952, Fla. App., 3rd Dist.; 2014 Fla. App. LEXIS 2595).
SAN FRANCISCO - A California federal judge properly found that a claim for trademark cancellation, standing alone, does not provide an independent basis for subject matter jurisdiction, the Ninth Circuit U.S. Court of Appeals ruled Feb. 28 (Airs Aromatics LLC v. Victoria's Secret Stores Brand Management Inc., No. 12-22576, 9th Cir.; 2014 U.S. App. LEXIS 3865).
ELKINS, W. Va. - Allegations that two defendants continued to operate their hotel under the "Econo Lodge" trademark despite defaulting on their franchise agreement led a West Virginia federal judge to enter summary judgment on Feb. 27 (Choice Hotels International Inc. v. James G. Fisher II and Patricia P. Fisher, No., 13-23, N.D. W. Va.).
SEATTLE - Finding that an actress has an independent copyright interest in a performance of hers that was, against her knowledge, used in a controversial anti-Islamic movie, a Ninth Circuit U.S. Court of Appeals panel majority on Feb. 26 reversed a lower court's denial of her motion for a preliminary injunction requiring removal of the movie from YouTube LLC's website (Cindy Lee Garcia v. Google Inc., et al., No. 12-57302, 9th Cir.; 2014 U.S. App. LEXIS 3694).
WASHINGTON, D.C. - A divided Federal Circuit U.S. Court of Appeals on Feb. 27 denied a request by Apple Inc. for an order transferring patent infringement litigation from Texas to California federal court (In re: Apple Inc., Misc. Docket No. 156, Fed. Cir.).
CHARLESTON, W.Va. - A dispute between competitors in the medical weight loss and skin care community will proceed but without a claim for false advertising under the Lanham Act, thanks to a Feb. 26 ruling by a West Virginia federal judge (Imagine Medispa LLC v. Transformations Inc. et al., No. 13-26923, S.D. W.Va.).
WASHINGTON, D.C. - The question of whether review of an award of attorney fees is entitled to deference is now before the U.S. Supreme Court, following oral arguments Feb. 26 in a dispute over a patented method for reviewing health care claims (Highmark Inc. v. Allcare Health Management Systems, Inc., No. 12-1163, U.S. Sup.).
HOUSTON - Google Inc. on Feb. 25 failed to persuade a Texas federal judge that it is entitled to summary judgment of noninfringement of two patents (SuperSpeed LLC v. Google Inc., No. 12-1688, S.D. Texas).
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals' exceptionality test for an award of attorney fees, whereby a prevailing party must demonstrate objective baselessness and subjective bad faith, is "extreme," an attorney told the U.S. Supreme Court on Feb. 26 (Octane Fitness LLC v. ICON Health & Fitness Inc., No. 12-1184, U.S. Sup.).
SAN JUAN, Puerto Rico - A software application provider lacked standing to assert monopolization and attempted monopolization claims under the Sherman Act against a rival that sued it for copyright infringement because the provider failed to demonstrate injury or market restraint, a federal judge in Puerto Rico ruled Feb. 24 in dismissing the provider's antitrust counterclaim (Computer Automation Systems, Inc. v. Intelutions, No. 13-1292, D. Puerto Rico; 2014 U.S. Dist. LEXIS 22980).
WASHINGTON, D.C. - The Patent Trial and Appeal Board properly rejected two inventors' application for a patent covering a "tropical hurricane control system," the Federal Circuit U.S. Court of Appeals ruled Feb. 25 (In re: Eugene Hoffmann et al., No. 13-1657, Fed. Cir.).
ATLANTA - A 1970 law against the mailing of unsolicited, unmarked pornography does not apply to modern day text messages, the Georgia Supreme Court concluded Feb. 24, reversing the indictment of a man convicted under the statute (Charles Warren v. The State of Georgia, No. S13A1904, Ga. Sup.; 2014 Ga. LEXIS 127).
WASHINGTON, D.C. - A refusal by the U.S. Patent and Trademark Office (PTO) to register the seal of the City of Houston will stand, thanks to a denial of certiorari on Feb. 24 by the U.S. Supreme Court (The City of Houston v. Acting Director, U.S. Patent and Trademark Office, No. 13-784, U.S. Sup.).
WASHINGTON, D.C. - Finding no error in a Delaware federal judge's claim construction, the Federal Circuit U.S. Court of Appeals on Feb. 24 upheld a stipulation of noninfringement entered into by a patent plaintiff (Starhome GmbH v. AT&T Mobility LLC, No. 12-1694, Fed. Cir.).