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Lanham Act › Motion for Summary Judgment

Fox Rothschild LLP

Judge Connolly Denies Defendant’s Motion For Summary Judgment On Plaintiff’s False Advertising Claims Under The Lanham Act And...

Fox Rothschild LLP on

By Memorandum Order entered by The Honorable Colm F. Connolly in 10x Genomics, Inc. v. Celsee, Inc., Civil Action No. 19-862-CFC-SRF (D.Del. April 8, 2021), the Court denied Defendant’s Motion for Summary Judgment on...more

Hinshaw & Culbertson LLP

Wisconsin Supreme Court Ruling Underlines Importance of Having an IP Strategy When Selling Assets of a Business

Hinshaw & Culbertson LLP on

In Ritter v. Farrow, 2018 AP 1518 (WI S. Ct. 2/23/21), the Wisconsin Supreme Court addressed Wisconsin trademark law in the context of the sale of a resort management business. Applying the principle that trademarks and their...more

Mintz - Trademark & Copyright Viewpoints

First Amendment May Protect Use of Trademarks As Artistic Expression

Mintz - Trademark & Copyright Viewpoints on

In a recent decision from the Southern District of New York, Judge George B. Daniels held that the strong First Amendment interests in protecting free artistic expression warranted summary judgment that Activision Blizzard’s...more

Holland & Knight LLP

SDNY Court: Claim Must Be "Wholly Without Merit" to be Entitled to Attorney Fees Under DTSA

Holland & Knight LLP on

Magistrate Judge James L. Cott of the U.S. District Court for the Southern District of New York recently recommended denial of a motion for attorneys' fees to a prevailing party under the Defend Trade Secrets Act (DTSA). The...more

Sunstein LLP

Humvee Goes Into Battle: Will Its Trademarks Leave Tread Marks on Video Game Makers?

Sunstein LLP on

The realism of video games is intensified by the inclusion of products and brands we recognize from daily life. Can the thrill of such verisimilitude coexist alongside the rights of trademark owners?...more

ArentFox Schiff

It’s War: Humvee Takes On Activision Over Call of Duty Video Game

ArentFox Schiff on

AM General, LLC, owner of the intellectual property associated with the HUMVEE all-terrain military vehicle, has sued popular game maker Activision Blizzard, Inc. over the inclusion of HUMVEE intellectual property in the CALL...more

Dorsey & Whitney LLP

New Questions Raised by Judge Rakoff: Misuse of the ® Symbol and Literal Falsity Examined

Dorsey & Whitney LLP on

Judge Rakoff is back at it in Classic Liquor Importers, Ltd. v. Spirits International, B.V. We previously blogged about the dangers inherent in sending a cease and desist letter without the concurrent appetite for...more

Kelley Drye & Warren LLP

That’s the Way the Cookie Crumbles – Court Grants Motion for Summary Judgment in Favor of “Empire” TV Series

Kelley Drye & Warren LLP on

On February 1, 2016, U.S. District Judge Percy Anderson ruled that Twentieth Century Fox Television’s (“Fox’s”) use of the term “Empire” in the network’s hit TV series was protected by the First Amendment. Judge Anderson...more

Proskauer - New England IP Blog

Summary Judgment Ruling Not a Pretty Picture for Massachusetts Copyright Plaintiff

Proskauer - New England IP Blog on

A recent decision from the District of Massachusetts demonstrates the difficulties that can arise when attempting to protect copyrighted works displayed on the internet. The July 29, 2015 order issued by the Honorable Patti...more

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