Consumer Protection › Civil Remedies › Intellectual Property

Facebook v. Typosquatters: Damages and Domains Awarded Under Anticybersquatting Consumer Protection Act

On April 30, 2013, Magistrate Judge Westmore recommended that the U.S. District Court, Northern District of California award Facebook $2.8 million in damages from typosquatters under the Anticybersquatting Consumer Protection...more

Amerigas Propane, L.P. v. Opinion Corp. d/b/a PissedConsumer.com

Answer, Affirmative Defenses and Jury Demand

See the affirmative defenses. From BusinessInsider.com: "Propane giant AmeriGas recently sued online complaints forum Pissed Consumer for trademark infringement. "Gas company executives were presumably upset with how...more

VO Group, LLC v. Opinion Corp. et al.

Decision and Order Granting in Part and Denying in Part Motion to Dismiss

Order and opinion on motion to dismiss complaint filed in New York Supreme Court (trial level), Kings County (i.e., Brooklyn), by timeshare sales company seeking to censor criticism of the company found on...more

Ascentive, LLC v. Opinion Corp.

Brief in Opposition to Plaintiff Ascentive's Motion to Dismiss its Own Complaint

In light of the December 16, 2011 Opinion and Order in this case denying plaintiffs' motion for a preliminary injunction -- on the ground that they had failed to show a likelihood of success on the merits -- one of the...more

District Court Allows False Marking to be Re-pleaded as Consumer Protection Claim

The Leahy-Smith America Invents Act bars suits for false marking of patent rights except those brought by the federal government or in which a competitor can establish competitive injury. Now a district court in Virginia has...more

Advertising Law - December 2, 2011

In This Issue: FTC, Facebook Reach Settlement Over Privacy Violations; Suit Alleges DISH Violated TCPA – Again; New Trademark Suits Implicate Muhammad Ali, President Obama; OBA Accountability Program Releases First Six...more

Advertising Law Newsletter - June 23, 2011

In this issue: Manatt’s Advertising, Marketing & Media Practice Receives National Ratings for Excellence in Chambers USA 2011; State Legislators Reject Law Regulating Social Networks; Pharmaceutical Companies Face Impact...more

Pirates of the Internet: Infringer Tides By Ryan Lobato

Policing intellectual property on the World Wide Web can seem like a daunting task. Infringers pirate copyrighted material and pillage trademark rights across the Internet. The establishment of new virtual territories creates...more

Facebook's Lawsuit Protects Its Users Against a Massive Spamming Scheme

On January 26, 2011, the federal district court in the Northern District of California granted Facebook a default judgment against Philip Porembski and PP Web Services LLC for obtaining “login credentials for at least...more

Bully for Who? Thoughts on "trademark bullying" - Intellectual Property Magazine

The U.S. PTO has asked for commentary from the public about a hazily defined concept -- "trademark bullying." But we know what they mean. ...more

Fuel Concepts

Fuel Concepts Cease and Desist Order to Alternative Energy Development Corp

Order by Fuel Concepts, LLC of Ohio to Alternative Energy Development Corp of Arizona informing them that their rights to the Patented Technology of Fuel Concepts and Roy Martin had been suspended. ...more

The FTC's Latest Remarks In Opposition To Reverse Payment Settlements: Banning Them Would Save Consumers $35 Billion

The Federal Trade Commission's Chairman, Jon Leibowitz, continued the FTC's aggressive campaign against reverse payment settlements (also called "pay-for-delay" or "exclusion" settlements) by delivering a speech at the Center...more

"To whom it may concern": Response to inquries regarding the S&L Vitamins v. Australian Gold settlement

Cover letter and basic explanation sent to inquiring persons with respect to the ultimate outcome in the S&L Vitamins v. Australian Gold litigation....more

Zenith Products Corp. v. CKC International, LLC et al.

Stipulated Injunction

Trademark infringement and related claims against retailers, distributor and purported scrap dealer. The scrap dealer bought, for less than a penny on the dollar at retail price, a large quantity of our client's...more

Zenith Products Corp. v. CKC International, LLC et al.

Amended Complaint

Trademark infringement and related claims against retailers, distributor and purported scrap dealer. The scrap dealer bought, for less than a penny on the dollar at retail price, a large quantity of our client's...more

Zenith Products Corp. v. CKC International, LLC et al.

Amended Complaint

Trademark infringement and related claims against retailers, distributor and purported scrap dealer. The scrap dealer bought, for less than a penny on the dollar at retail price, a large quantity of our client's...more

Zenith Products Corp. v. CKC International, LLC et al.

Temporary Restraining Order and Order to Show Cause

...more

Zenith Products Corp. v. CKC International, LLC et al.

Memorandum of Law in Support of Plaintiff's Motion for a Temporary Restraining Order

Brief on motion for TRO -- see entry at Amended Complaint....more

California Tan, Inc. v. Body Source, Ltd. d/b/a The Supplenet.com

Answer, Affirmative Defenses and Counterclaims

The first of the S & L Vitamins / Larry Sagarin "tanning lotion cases." This case settled after discovery and extensive motion practice....more

Webster Lock & Co. v. Webster Locksmith, et al.

Webster's Memorandum of Law in Support of its Motion for a Preliminary Injunction

This was an action for trademark infringement and false designation of origin under Section 43(a) of the Lanham Act, 15 U.S. §1125(a), and unfair competition under the common law and New York General Business Law §349. ...more

Webster Lock & Co. v. Webster Locksmith, et al.

Verified Complaint

This was an action for trademark infringement and false designation of origin under Section 43(a) of the Lanham Act, 15 U.S. §1125(a), and unfair competition under the common law and New York General Business Law §349. ...more