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No personal jurisdiction based upon a passive website and a single advertisement

  • Holland & Knight LLP
  • -
  • USA
  • -
  • February 3 2012

Judge Pallmeyer granted defendants PSMJ Resources' ("PSMJ") and Oser Communications' ("Oser") motion to dismiss for lack of personal jurisdiction in this Lanham Act case involving plaintiff Modern Trade Communications' ("MTC") rights in its Metal Construction News mark for a metal industry trade publication

Domain name squatting to gain leverage can trigger "bad faith intent" in an ACPA claim

  • Holland & Knight LLP
  • -
  • USA
  • -
  • January 31 2014

A required element to sustain a claim under the Anti-Cybersquatting Consumer Protection (ACPA) (15 U.S.C. 1125(d)(1)(A)) is proof that the

Parties must get counsel or face default judgment

  • Holland & Knight LLP
  • -
  • USA
  • -
  • June 27 2011

Judge Dow gave defendants in this trademark infringement suit a deadline for obtaining counsel, or in the case of the individual defendants filing a notice of pro se representation

Third-party service providers not liable for contributory trademark infringement

  • Holland & Knight LLP
  • -
  • USA
  • -
  • December 10 2013

Trademark owners frustrated by cybersquatting will not be able to sue third-party service providers for contributory infringement, according to a

Limited generic use does not render a mark generic

  • Holland & Knight LLP
  • -
  • USA
  • -
  • July 19 2013

Judge Darrah denied defendant Facebook’s summary judgment motion arguing that plaintiff Timeline’s TIMELINE trademark was generic or descriptive, and

RFRA is no defense to trademark infringement

  • Holland & Knight LLP
  • -
  • USA
  • -
  • May 17 2012

In General Conf. Corp. of Seventh-day Adventists v. McGill, No. 1:06-cv-01207 and 1:11-mc-00003, 2012 WL 1155465 (W.D. Tenn. Ap. 5, 2012), the court held that the Religious Freedom Restoration Act (“RFRA”) may not be used as a claim or defense in lawsuits between private parties

Facebook sufficiently pleads Lanham Act claims against Teachbook

  • Holland & Knight LLP
  • -
  • USA
  • -
  • March 23 2012

Judge Aspen denied defendant Teachbook’s motion to dismiss plaintiff Facebook’s Lanham Act complaint

Court tries Lanham Act case on the papers

  • Holland & Knight LLP
  • -
  • USA
  • -
  • January 28 2011

Judge Zagel held that defendant Procter & Gamble's ("P&G") intellectual property rights could not be held infringed based upon the available evidence and held that on the available record, the Court could not grant attorney's fees because a prevailing party could not be determined, in this Lanham Act case regarding P&G's alleged trademarks and trade dress in its Herbal Essence hydrating shampoos and conditioners

Bill of costs support need only be reasonable

  • Holland & Knight LLP
  • -
  • USA
  • -
  • November 4 2011

After entering judgment for defendants, the Court granted defendants' unopposed bill of costs in this trademark case

Hypothetical outcomes cannot be the basis for abstention

  • Holland & Knight LLP
  • -
  • USA
  • -
  • April 23 2012

Judge Holderman denied defendants’ motion to stay plaintiffs’ (collectively "USWAY") trademark and copyright case involving its USWAY mark based upon the Colorado-River abstention doctrine