19 results for 'cat:"Copyright" AND cat:"Trademark"'.
J. Rosenthal finds that a maker of stuffed animals has not identified specific creative elements of its products that would entitle the maker to recover damages for copyright infringement from another company, which produces very similar toys. Characteristics or common qualities of nature cannot be copyrighted, and suing stuffed animal maker has not identified features of its toys that rise above common natural characteristics of the animals to constitute a creative idea that can be protected under copyright. The claims of the suing toy maker are dismissed, but they are granted leave to amend their complaint.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: May 8, 2024, Case #: 4:23cv4146, NOS: Copyrights - Property Rights, Categories: copyright, trademark
J. Horan grants, in part, a test prep company's motion for discovery in its case against a competitor for allegedly copying its materials and trade dress. The company has shown limited jurisdictional discovery related to the contacts between the competitor and another party is appropriate.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: March 21, 2024, Case #: 3:23cv447, NOS: Copyrights - Property Rights, Categories: copyright, trademark, Discovery
J. Rosenthal grants, in part, a group of treatment centers' motion to dismiss certain claims filed by a company that specializes in physiologic insulin resensitization treatments for diabetes. The company does not have standing to bring copyright and trademark dilution claims, and it fails to identify a trade secret that was misappropriated.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: February 21, 2024, Case #: 4:22cv3062 , NOS: Patent - Property Rights, Categories: copyright, Trade Secrets, trademark
J. Lake transfers a company's copyright and trademark action against an institute in connection with works and a mark associated with a Buddhist monk to the Central District of California, Western Division. The institute is based in California, and the company fails to show it has the minimum contacts with Texas to establish jurisdiction.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: January 31, 2024, Case #: 4:23cv2812, NOS: Copyrights - Property Rights, Categories: copyright, trademark, Jurisdiction
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J. Wu finds that the manufacturer demonstrates fair use of the automation company's copyrighted material, as the automation company originally disputed in its complaint that the manufacturer's products infringe on the automation company's M9-Series digital test instruments. The manufacturer's use of the copyright is transformative enough when compared to the original trademarked product, and the automation company does not make it clear what dispute is at issue regarding the code.
Court: USDC Central District of California, Judge: Wu, Filed On: December 6, 2023, Case #: 2:20cv2713, NOS: Trademark - Property Rights, Categories: copyright, trademark
J. Dever orders an injunction be placed on a person who, in conjunction with multiple other individuals and companies, allegedly used copyright-infringing software or machines in violation of state and federal laws. It is deemed proper that an injunction be used in this case, and this person has consented to it, stipulating that he no longer use, distribute or duplicate any intellectual property belonging to the two marketing and auctioneering firms that initially brought the claims.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: November 14, 2023, Case #: 5:23cv136, NOS: Copyrights - Property Rights, Categories: copyright, trademark, Injunction
J. Whitehead denies counter claimant American Marriage Ministries partial summary judgment on its common law trademark and Consumer Protection Act counterclaims, which arise from Universal Life Church Monastery Storehouse's lawsuit alleging that an employee and others defamed the religious organization by showing a side-by-side comparison between the Universal Life Church's and the employee's websites. There are still disputed issues of material fact on how distinctive AMM's trade name is from Life Church's trade name, which leads to further dispute on the likelihood of confusion.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: August 24, 2023, Case #: 2:19cv301, NOS: Copyrights - Property Rights, Categories: copyright, trademark, Consumer Law
J. Whitehead denies counter-claimant American Marriage Ministries' (AMM) motion for summary judgment for its common law trademark and CPA counterclaims, which arise from the religious organization's lawsuit alleging that the employee and others defamed the religious organization by showing a side-by-side comparison between the religious organization's and the employee's websites. There is a factual dispute as to whether AMM's mark is suggestive or only descriptive of its services.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: August 18, 2023, Case #: 2:19cv301, NOS: Copyrights - Property Rights, Categories: copyright, trademark, Defamation
J. Saylor grants a marketing and design studio and its founder’s motion for summary judgment against the fitness studio suing them for having a trademark, logo and website it claims are too similar to its own. The fitness studio’s logo and trademark are not inherently distinctive and it is unlikely that they and the marketing and design studio would be confused with each other, as they are in such different industries.
Court: USDC Massachusetts, Judge: Saylor, Filed On: August 11, 2023, Case #: 1:21cv11763, NOS: Trademark - Property Rights, Categories: copyright, trademark, Business Practices
J. Valderrama grants fast-fashion retailer Shein’s motion for a temporary restraining order against Temu, a Chinese online retailer, finding Shein company has reasonably alleged that it is being harmed by the retailer’s use of marks that mimics the “SHEIN” brand.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: July 31, 2023, Case #: 1:22cv7119, NOS: Trademark - Property Rights, Categories: copyright, trademark, Business Practices
J. Burroughs grants in part a design and coding educator's motion to dismiss copyright claims brought against it by a graphic design educator and compel arbitration. The parties arbitration agreement is valid, so their dispute should be presented to an arbitrator who can determine its arbitrability. Because only the question of whether the case is arbitrable is being arbitrated and not the case itself yet, it is being stayed while arbitrability is determined, rather than dismissed.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: July 27, 2023, Case #: 1:22cv11404, NOS: Copyrights - Property Rights, Categories: Arbitration, copyright, trademark