Tag Archives: remedies

IPSC session 5

Posted on August 10, 2018 by

Session 5: Copyright Michael Carroll, The Law of Musical Borrowing: A concept of © distinctiveness is implicit in how we talk about substantial similarity.  Who decides this? It’s supposed to be the consumer: ordinary observer/intended audience. Both TM and © … Continue reading →

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multi-million dollar award for trade secret theft & false advertising of “local” origin

Posted on April 5, 2018 by

Bimbo Bakeries USA, Inc. v. Sycamore, 2018 WL 1578115, No. 13-cv-00749-DN-DBP (D. Utah Mar. 29, 2018) A relatively large trade secret/false advertising verdict in this case.  Bimbo prevailed at trial on its trade secret claim that Sycamore revealed Bimbo Bakeries’ … Continue reading →

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Lost goodwill isn’t irreparable harm without more specifics, court says

Posted on April 3, 2018 by

Alfasigma USA, Inc. v. Nivagen Pharmaceuticals, Inc., No. 17-cv-01974-MCE-GGH, 2018 WL 1567820 (E.D. Cal. Mar. 30, 2018) The parties make “medical foods,” which are intended to be used under a doctor’s supervision; subscriptions for their use are common though not … Continue reading →

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Redbox’s claims miss release window for injunctive relief

Posted on March 13, 2018 by

Redbox Automated Retail, LLC v. Xpress Retail LLC, 2018 WL 1240345, No.17 C 5596 (N.D. Ill. Mar. 9, 2018) The parties compete in the market for DVD rental services through automated vending machines called kiosks. “In early 2016, Redbox learned … Continue reading →

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Zazzle injunction reversed: irreparable harm is hard to show

Posted on February 23, 2018 by

Greg Young Pub’g, Inc. v. Zazzle, Inc., No. 16-cv-04587 (C.D. Cal. Feb. 8, 2018) After a jury trial finding Zazzle liable for copyright infringement for producing goods with user-uploaded images, the court granted a preliminary injunction. Here, it vacates that … Continue reading →

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Another IP plaintiff fails to show irreparable harm (false advertising/trade secret)

Posted on January 16, 2018 by

Impax Media Inc. v. Northeast Advertising Corp., No. 17 Civ. 8272, 2018 WL 358284 (S.D.N.Y. Jan. 10, 2018) Impax, which provides digital video screens that show ads (mostly in supermarkets), sought to enjoin defendants (AdCorp) from competing with Impax by … Continue reading →

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Sazerac will pay fees for its buffalo stance

Posted on December 11, 2017 by

Sazerac Company, Inc. v. Fetzer Vineyards, Inc., 2017 WL 6059271, No. 15-cv-04618 (N.D. Cal. Dec. 7, 2017) The court here awards defendants its fees for proceeding past summary judgment in this trademark infringement case. “This was an exceptionally weak case,” … Continue reading →

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