District of Oregon – Richard Bell, a well-known copyright infringement litigant, has filed over 100 lawsuits regarding infringement of U.S. Copyright No. VA0001785115 (the “Indianapolis Photo”). However, in September 2019, a federal jury in Bell v. Carmen Commercial Real Estate Servs. found that Bell was unable to prove that he…
Articles Posted in New Decisions
Cook Medical Granted New Trial Due to Prejudicial Error
Indianapolis, Indiana – Cook Medical was granted a new trial after the Honorable Richard L. Young, a judge for the United States District Court for the Southern District of Indiana, admitted to errors in allowing inadmissible evidence to be presented to the jury by counsel for Plaintiff, Tonya Brand. Ms.…
Indiana Supreme Court Holds Liquidated Damage Provisions are Unenforceable Penalties
The Indiana Supreme Court affirmed the trial court on both issues on appeal in the case of American Consulting, Inc. d/b/a American Structurepoint, Inc. (“American”) versus Hannum Wagle & Cline Engineering, Inc., d/b/a HWC Engineering, Inc. (“HWC”), Marlin A. Knowles, Jr., Jonathan A. Day, David Lancet, and Tom Mobley, originally…
Patent Litigation:
The Supreme Court of the United States has issued an Opinion affirming the decision of the United States Court of Appeals for the Federal Circuit in the case of Laura Peter, Director of the United States Patent and Trademark Office, versus NantKwest, Inc. (“NantKwest”). Following an adverse decision by the…
Federal Circuit finds in favor of Seirus Innovative over Columbia Sportswear
The United States Court of Appeals for the Federal Circuit issued an opinion as to Summary Judgment in the case of Columbia Sportswear North America, Inc. (“Columbia”), an Oregon Corporation, versus Seirus Innovative Accessories, Inc. (“Seirus”), a Utah Corporation. This appeal by Columbia came after a jury trial in the…
Trademark Law: United States Court of Appeals for the Seventh Circuit Affirms Award of Over $17.3 Million
The United States Court of Appeals for the Seventh Circuit issued an opinion reversing the denial of attorney’s fees, remanding for an entry of a reasonable fee reward under 15 U.S.C. § 1117(a), and affirming all other aspects of the judgment of the district court in the case of 4SEMO.com…
Trademark Litigation: Seventh Circuit Adopts New Standard for Lanham Act’s Fee-Shifting Provision
LHO Chicago River, LLC (“LHO”) filed a trademark infringement suit against Joseph J. Perillo, Rosemoor Suites, LLC, and Portfolio Hotels & Resorts, LLC (collectively the “Defendants”) in the Northern District of Illinois, Eastern District. The case was voluntarily dismissed by LHO and after being denied their Lanham Act attorney fees,…
Indiana Trademark Litigation: AWGI, LLC and Atlas Van Lines, Inc. Granted Default Judgment
Indianapolis, Indiana – The case of AWGI, LLC and Atlas Van Lines, Inc. versus American Wide Relocation Inc. d/b/a Atlas Moving and Storage (“American Wide”) was filed by Plaintiffs alleging American Wide infringed their rights in two separate United States Registered Trademarks. American Wide failed to appear or respond to…
Indiana Patent Litigation: Indiana Court Denies Motion for Preliminary Injunction in RV Range Oven Case
Hammond, Indiana – The Northern District of Indiana, South Bend Division, issued its Opinion and Order denying a Motion for Preliminary Injunction in the case of Furrion Property Holding Limited, and Furrion Limited (collectively “Furrion”) versus Way Interglobal Network, LLC (“Way Interglobal”). This case was filed by Furrion in July…
United States Patent Trial and Appeal Board Rules in Favor of Lippert Components in RV Leveling Patent Dispute
The Petitioner, Lippert Components, Inc. (“Lippert”), filed a Petition for inter partes review of claims 12 and 13 of Days Corporation’s (“Days”) United States Patent No. 6,619,693 B1 (the “‘693 Patent”) for “Apparatus and Method for Automatically Leveling an Object”. In addition to filing its Reply and Sur-Reply to the…