Tag Archives: injunction
The Latest From the Federal Circuit on Injunctions, Sunset Royalties, and Future Royalty Rates
Even if you win your patent infringement case, you still may not get an injunction prohibiting ongoing infringement. In a case decided last month by the Federal Circuit, ActiveVideo v. Verizon, a jury found that Verizon infringed ActiveVideo’s method patents pertaining to video-on-demand technology, but the Federal Circuit held that the district court erred by […]
Good News For Brand Owners Seeking Injunctions
The potential loss of good will and customers by plaintiff, and possible damage to its reputation, as a result of defendants’ alleged infringement of plaintiff’s marks is not easily quantifiable or remediable by damages, and supports a finding of irreparable harm.
The Damaged are Welcome; the Merely Annoyed are Unwelcome in Federal Court
Two recently-decided cases brought by Apple illustrate the necessity of identifying real harm to one’s business before filing a lawsuit in federal court.
More Ways to Prove Irreparable Injury
When considering possible ways in which your competitor is causing you irreparable injury, it may be worthwhile to consider two concepts proposed by Apple in the Apple v. Samsung case.
Post-License Use of Trademark Is Counterfeiting
A former trademark licensee’s continued use of a trademark after termination of the license constitutes trademark counterfeiting. That is the holding in a recent District of Indiana default judgment case, Century 21 v. Destiny Real Estate. The court explained: If an unrelated entity had created an identical trademark and provided authorized goods or services (or […]
No Presumption of Irreparable Harm in False Advertising Cases Either
Irreparable injury cannot be presumed in Lanham Act false advertising cases. That was the ruling in Leatherman Tool v. Coast Cutlery, a case decided in October in the District of Oregon. In that case the court found that Leatherman made a preliminary showing that its competitor, Coast Cutlery, deliberately included in advertising literally false statements […]
