SAN JUAN, Puerto Rico - A Puerto Rico federal judge on Oct. 11 concluded that an "eco-tour" company infringed a competing firm's trademark by using a name with "phonetic similarity," mostly granting the plaintiff firm's motion for summary judgment (Jorge Perez Veve, et al. v. Julissa Corporan, et al., No. 3:12-cv-01073, D. Puerto Rico; 2013 U.S. Dist. LEXIS 147707).
SCRANTON, Pa. - A Pennsylvania federal judge on Oct. 10 held that because the website of a helicopter helmet maker allowed for sales to Pennsylvania customers and specifically referenced the plaintiff's trademarks, there were sufficient contacts to establish jurisdiction over the defendant, denying a motion to dismiss (Gentex Corp. v. Ronald Abbott, et al., No. 3:12-cv-02549, M.D. Pa.; 2013 U.S. Dist. LEXIS 146662).
NEW YORK - A New York federal judge did not err in imposing sanctions against a musician for violating a 2006 injunction order, the Second Circuit U.S. Court of Appeals ruled Oct. 10 (Ervin Mears v. Glen Montgomery, No. 11-3895, 2nd Cir.).
SAN FRANCISCO - A patent infringement plaintiff won permission Oct. 11 to drop 19 patent claims from its lawsuit in a California federal court, while adding infringement allegations with regard to three new claims (U.S. Ethernet Innovations LLC v. ACER Inc. et al., No. 10-3724, N.D. Calif.).
PHILADELPHIA - An excess insurance policy binds the excess insurer and its insured to arbitrate a patent infringement coverage dispute in London pursuant to a condition in the insured's primary policy, a Pennsylvania federal judge ruled Oct. 11 (Illinois Union Insurance Co. v. Teva Pharmaceuticals USA Inc., et al., No. 13-3869, E.D. Pa.; 2013 U.S. Dist. LEXIS 147247).
ATLANTA - A Georgia federal judge on Oct. 11 dismissed a dispute between a record producer and a "Real Housewives of Atlanta" star over the musical work "Tardy for the Party" (Kandi Burruss et al. v. Kim Zolciak, No. 13-789, N.D. Ga.).
WILMINGTON, Del. - A Delaware federal judge on Oct. 9 granted three dismissal motions by defendants in a multidistrict consolidated privacy litigation accusing Google and other companies of "tricking" users' Internet browsers into accepting "cookies," which allowed the defendants to then display targeted advertising (In Re: Google Inc. Cookie Placement Consumer Privacy Litigation, No. 12-2358, D. Del.; 2013 U.S. Dist. LEXIS 145727).
HOUSTON - A Texas federal judge on Oct. 9 awarded a trademark infringement plaintiff partial summary judgment, agreeing that the affirmative defense of laches is unavailable to three defendants (Reservoir Inc. et al. v. Justin Z. Truesdell et al., 12-2756, S.D. Texas.).
BOSTON - Citing rulings from other jurisdictions addressing similar allegations of copyright infringement via digital technology, a Massachusetts federal judge on Oct. 8 found that a Boston area television station was unlikely to succeed on its infringement claims and denied the station's motion to preliminarily enjoin a firm from offering Internet-based digital video recording (DVR) services of its programming (Hearst Stations Inc. d/b/a WCVB-TV v. Aereo Inc., No. 1:13-cv-11649, D. Mass.; 2013 U.S. Dist. LEXIS 146825).
NEW YORK - Bankrupt Eastman Kodak Co. on Oct. 10 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York contending that the patent claims of Ricoh Co. Ltd. and one of its affiliates should be dismissed on the merits (In Re: Eastman Kodak Company, No. 12-10202, Chapter 11, S.D. N.Y. Bkcy.).
ATLANTA - The question of whether Florida VirtualSchool, a Florida state agency, has standing to pursue trademark infringement claims against an online charter school or whether that authority lies exclusively with Florida's Department of State was certified Oct. 10 to the Florida Supreme Court by the 11th Circuit U.S. Court of Appeals (Florida VirtualSchool v. K12 Inc., No. 12-14271, 11th Cir.).
WASHINGTON, D.C. - A Delaware federal judge did not abuse his discretion in denying a motion by ARRIS Group Inc. to hold patent infringement defendant SeaChange International Inc. in contempt of a permanent injunction order, the Federal Circuit U.S. Court of Appeals ruled Oct. 10 (ARRIS Group Inc. v. SeaChange International Inc., No. 13-1066, Fed. Cir.).
PHILADELPHIA - Despite prevailing on infringement and dilution claims surrounding the "Crab Fries" trademark, a plaintiff was denied an award of damages and attorney fees by a Pennsylvania federal judge on Oct. 9 (CPC Properties Inc. v. Dominic Inc., No. 12-4405, E.D. Pa.).
WASHINGTON, D.C. - An Illinois federal judge properly deemed a caller identification (ID) patent unenforceable due to inequitable conduct before the U.S. Patent and Trademark Office, the Federal Circuit U.S. Court of Appeals ruled Oct. 9 (Intellect Wireless Inc. v. HTC Corporation and HTC America Inc., No. 12-1658, Fed. Cir.).
NEW YORK - Publishers Simon & Schuster Inc. and Holtzbrinck Publishers LLC d/b/a Macmillan on Oct. 4 filed notices of appeal, joining Apple Inc., in appealing to the Second Circuit U.S. Court of Appeals a final order requiring Apple to modify its existing agreements with five publishers and submit to an external monitor following a ruling that Apple conspired with the publishers to fix prices of electronic books (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.).
CHICAGO - An Illinois federal judge erred in issuing a declaratory judgment that invalidated a copyright registration obtained by a plaintiff's marketing company, the Seventh Circuit U.S. Court of Appeals ruled Oct. 7 (DeliverMed Holdings LLC, et al. v. Michael Schaltenbrand, et al., Nos. 12-3773, 3774, 7th Cir.).
WASHINGTON, D.C. - A California federal judge properly determined that a digital communications systems patent was not obvious and infringed, the Federal Circuit U.S. Court of Appeals ruled Oct. 7 (Broadcom Corporation v. Emulex Corporation, No. 12-1309, Fed. Cir.).
WASHINGTON, D.C. - In an order list issued Oct. 7, the U.S. Supreme Court denied certiorari to a Wisconsin woman who claimed misappropriation and privacy violations by Google Inc.'s use of her name in search suggestions, results and sponsored ads (Beverly Stayart v. Google Inc., No. 12-1417, U.S. Sup.).
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 7 announced that it will not revisit two Federal Circuit U.S. Court of Appeals rulings, including one that posed the question whether retroactive application of the America Invents Act (AIA) violates the due process clause of the Fifth Amendment to the U.S. Constitution.
WASHINGTON, D.C. - In the first day of its new term, the U.S. Supreme Court on Oct. 7 denied petitions for certiorari in four trademark cases, leaving intact findings that the popular film "50/50" does not infringe and keeping in place an injunction barring one company's use of Greek names on decorative paddles.
ALEXANDRIA, Va. - A Virginia federal grand jury on Oct. 3 handed down a one-count indictment against 13 members of the "hacktivist" group "Anonymous" for violating the Computer Fraud and Abuse Act (CFAA) by conspiring to carry out cyberattacks on the websites of multiple targets nationwide and worldwide (United States of America v. Dennis Own Collins, et al., No. 1:13-cr-00383, E.D. Va.).
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 7 asked the solicitor general to offer its views in a dispute over domestic consequences for contracts negotiated and executed overseas when the negotiated product is later determined to be infringing (Maersk Drilling USA Inc. v. Transocean Offshore Deepwater Drilling Inc., No. 13-43, U.S. Sup.).
LOS ANGELES - A California appeals panel on Oct. 4 found that a woman's putative class claims alleging unfair competition, false advertising and related claims against Skype Inc., over its claims of "unlimited" calling plans, were adequately alleged, reversing and remanding a lower court's dismissal (Melissa Chapman, et al. v. Skype Inc., No. B241398, Calif. App., 2nd. Dist.; 2013 Cal. App. LEXIS 794).
BOSTON - A Massachusetts federal judge properly granted Bose Corp. summary judgment on its allegation that a defendant's sale of "gray market goods" in Australia represents trademark infringement and breach of contract, the First Circuit U.S. Court of Appeals affirmed Oct. 4 (Bose Corporation v. Salman Ejaz, No. 12-2403, 1st Cir.).
WASHINGTON, D.C. - Findings by the United States International Trade Commission (ITC) that Motorola Mobility Inc. did not infringe four Microsoft Corp. patents were partly affirmed and partly reversed Oct. 3 by the Federal Circuit U.S. Court of Appeals (Microsoft Corp. v. International Trade Commission and Motorola Mobility Inc., No. 12-1445, 1535, Fed. Cir.).