SAN FRANCISCO - Although affirming a California federal judge's finding that a rock band's use of artwork in the video backdrop of their stage show was a fair use under the Copyright Act, the Ninth Circuit U.S. Court of Appeals on Aug. 7 nonetheless reversed that judge's award of $201,012.50 in attorney fees to the prevailing defendants (Dereck Seltzer v. Green Day, et al., No. 11-57160, 9th Cir.).
WASHINGTON, D.C. - A ruling by the International Trade Commission (ITC) that invalidated one claim of an Apple Inc. smartphone touch screen patent was reversed Aug. 7 by a divided Federal Circuit U.S. Court of Appeals, which also vacated findings that Motorola Mobility Inc. did not infringe a separate asserted patent (Apple Inc. v. International Trade Commission and Motorola Mobility Inc., No. 12-1338, Fed. Cir.).
SAN FRANCISCO - A California federal judge did not err in limiting a copyright infringement plaintiff's recovery to an award of infringer's profits, the Ninth Circuit U.S. Court of Appeals ruled Aug. 5, holding that the plaintiff "failed to establish that he suffered any additional actual damages as a result of the infringement" (Rene Carranza v. Universal Music Group Inc., et al., No. 11-55782, 9th Cir.; 2013 U.S. App. LEXIS 16144).
ST. LOUIS - A Minnesota federal judge did not err in refusing to enforce a noncompete clause against a former franchisee as part of a preliminary injunction that prohibits the franchisee from using a plaintiff's trademarks, the Eighth Circuit U.S. Court of Appeals ruled Aug. 5 (Novus Franchising Inc. v. Michael L. Dawson, et al., No. 12-2982, 8th Cir.; 2013 U.S. App. LEXIS 16103).
ALEXANDRIA, Va. - Almost a year after initially denying default judgment to an adult website operator in a cybersquatting lawsuit, a Virginia federal judge on Aug. 1 granted a second default judgment motion against eight remaining accused domains, finding that the plaintiff had established that the similarly named domains had been registered in bad faith (Bright Imperial Ltd. v. RT MediaSolutions, S.R.O., et al., No. 1:11-cv-00935, E.D. Va.).
NEW YORK - A New York federal judge did not err in dismissing a dispute over the "Stolichnaya" trademark for want of statutory standing, the Second Circuit U.S. Court of Appeals ruled Aug. 5 (Federal Treasury Enterprise Sojuzplodoimport et al. v. SPI Spirits Ltd. et al., No. 11-4109, 2nd Cir.; 2013 U.S. App. LEXIS 16106).
WASHINGTON, D.C. - A prevailing copyright infringement defendant failed to persuade a District of Columbia federal judge on Aug. 2 to award it attorney fees (ZilYen Inc. v. Rubber Manufacturers Association, No. 12-433, D. D.C.; 2013 U.S. Dist. LEXIS 108417).
NEW ORLEANS - In its second ruling in the case, the Fifth Circuit U.S. Court of Appeals on Aug. 2 affirmed the dismissal of copyright infringement claims surrounding the "Always Coca-Cola" jingle (Omar Jaso v. The Coca-Cola Co., et al., No. 13-20045, 5th Cir.).
NEW YORK - The United States and the 33 states that prevailed in federal district court in New York on their claims that Apple Inc. conspired with five publishers to fix prices of electronic books submitted their proposed remedy on Aug.2 (United States of America v. Apple Inc., et al., No. 12 Civ. 2826, S.D. N.Y.; State of Texas, et al. v. Penguin Group $(USA$) Inc., et al., No. 12 Civ. 3394, S.D. N.Y.).
SAN FRANCISCO - Because a negative review of an apartment complex can be construed as containing factual assertions in addition to opinions, a California appeals panel on July 30 upheld a lower court's denial of the defendant's motion to strike under the state's anti-SLAPP (strategic lawsuit against public participation) statute (Bently Reserve L.P., et al. v. Andreas G. Papaliolios, No. A136191, Calif. App., 1st Dist., Div. 1; 2013 Cal. App. LEXIS 601).
TRENTON, N.J. - Defendant PNC Financial Services Group won dismissal on July 31 of patent infringement allegations after a New Jersey federal judge found that all four patents in suit are invalid as abstract ideas not patentable under 35 U.S. Code Section 101 (Content Extraction and Transmission LLC v. PNC Financial Services Group, No. 12-6960, D. N.J.).
SAN FRANCISCO - A divided Ninth Circuit U.S. Court of Appeals on July 31 upheld a California federal judge's decision to deny a motion to strike, on anti-strategic lawsuit against public participation (anti-SLAPP) grounds, a complaint for violations of the right of publicity by the popular "NCAA Football" series of video games (In re: NCAA Student-Athlete Name and Likeness Licensing Litigation, No. 10-15387, 9th Cir.).
SAN FRANCISCO - A California federal judge did not err in dismissing allegations that Electronic Arts Inc. (EA) violates Section 43 of the Lanham Act when it uses the likenesses of former and current professional athletes in the "Madden NFL" series of video games because the games are entitled to "the same First Amendment protection as great literature, plays, or books," the Ninth Circuit U.S. Court of Appeals ruled July 31 (James 'Jim' Brown v. Electronic Arts Inc., 09-56675, 9th Cir.).
WILMINGTON, Del. - Google Inc. on July 29 won judgment on the pleadings that four claims of an asserted patent are not eligible for patent protection under 35 U.S. Code Section 101 (buySAFE Inc. v. Google Inc., No. 11-1282, D. Del.).
PHOENIX - While acknowledging that her ruling was "harsh," an Arizona federal judge on July 29 declined a film production company's motion to reconsider an earlier ruling that had denied the firm's request to conduct early discovery to learn the identities of purported John and Jane Doe defendants who are accused of illegally sharing a copyrighted movie online (Bleiberg Entertainment LLC v. John and Jane Does 48-85, et al., No. 2:13-cv-00597, D. Ariz.; 2013 U.S. Dist. LEXIS 106570).
DETROIT - An individual defendant on July 30 failed to obtain dismissal of patent infringement allegations levied in Michigan federal court (Genetic Technologies Ltd. v. Genesis Genetics Institute et al., No. 12-14080, E.D. Mich.).
LAS VEGAS - A Nevada federal judge on July 30 concluded that a website operator had registered an Internet domain incorporating a Las Vegas nightclub's trademark with "a bad faith intent to profit," granting the nightclub's motion for a preliminary injunction to prevent any further operation of the website pending resolution of cybersquatting and related charges (Hakkasan LV LLC, et al. v. Tsang Hang Wang, et al., No. 2:13-cv-01122, D. Nev.; 2013 U.S. Dist. LEXIS 106489).
MIAMI - A defendant's efforts to obtain dismissal of trademark infringement and cybersquatting allegations were unsuccessful July 26, when a Florida federal judge deemed a plaintiff's complaint sufficiently pleaded to survive the motion (Dan Pronman, et al. v. Bryan Styles, No. 12-80674, S.D. Fla.).
INDIANAPOLIS - Citing the recent U.S. Supreme Court ruling in Gunn v. Minton (133 S. Ct. 1059 $(2013$)), an Indiana federal judge on July 29 dismissed a patent license dispute over implantable cardioverter defibrillators (ICDs) (Mirowski Family Ventures LLC v. Boston Scientific Corporation, No. 11-736, S.D. Ind.).
BOSTON - Allegations that several defendants reproduced, displayed, advertised and distributed a plaintiff's copyrighted works after ousting the plaintiff from their organization will largely proceed, a Massachusetts federal judge ruled July 25 (Smith Vil v. Jacky Poteau, et al., No. 11-11622, D. Mass.).
BOSTON - Allegations of patent infringement levied in connection with a popular online language learning program will be stayed pending re-examination of the patents before the U.S. Patent and Trademark Office (PTO), a Massachusetts federal judge ruled July 25 (Englishtown Inc. v. Rosetta Stone Inc., No. 12-10636, D. Mass.).
SAN FRANCISCO - A California federal judge properly enjoined a maker of skin care and anti-aging products from using the "ARena" trademark, the Ninth Circuit U.S. Court of Appeals ruled July 24 (American Rena International Company v. Sis-Joyce International Co., No. 12-57169, 9th Cir.).
CHICAGO - A medical imaging firm's Internet activity directed at Illinois and its contractual relationship with an Illinois radiology firm constitute sufficient minimum contacts with the state to establish jurisdiction, an Illinois federal judge ruled July 22, denying a motion to dismiss (Stat Imaging LLC v. Medical Specialists Inc., P.C., et al., No. 1:13-cv-01921, N.D. Ill.; 2013 U.S. Dist. LEXIS 101758).
MINNEAPOLIS - A federal judge in Minnesota on July 23 granted a preliminary injunction in a dispute between an attorney and a car dealership that led to allegations of copyright and trademark infringement (Nadia Wood v. Sergey Kapustin et al., No. 13-1495, D. Minn.).
FORT LAUDERDALE, Fla. - Eleven days after issuing a temporary restraining order (TRO) against 64 defendants accused of selling counterfeit Tiffany (NJ) LLC merchandise, a Florida federal judge on July 22 granted the luxury goods company's motion to temporarily enjoin the defendants that are accused of Lanham Act violations (Tiffany (NJ), LLC v. Gu Jianfang d/b/a AAA909.com, et al., No. 0:13-cv-61470, S.D. Fla.; 2013 U.S. Dist. LEXIS 102006).