Download or read book Injunctive Relief for Trademark Infringement written by LandMark Publications and published by . This book was released on 2017-06-26 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, discuss and apply the standard for injunctive relief in cases of trademark infringement. The selection of decisions spans from 2013 to the date of publication.Trademark law gives federal courts the "power to grant injunctions, according to the principles of equity and upon such terms as the court may deem reasonable...." 15 U.S.C. � 1116; see Perfumebay.com, 506 F.3d at 1177. Following those principles, a permanent injunction may be entered where the plaintiff shows: "(1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for that injury; (3) that, considering the balance of the hardships between the plaintiff and defendant, a remedy in equity is warranted; and (4) that the public interest would not be disserved by a permanent injunction." eBay, 547 U.S. at 391, 126 S.Ct. 1837; see Herb Reed, 736 F.3d at 1248-50 (applying eBay factors to trademark law); Reno Air Racing Ass'n, Inc. v. McCord, 452 F.3d 1126, 1137 n. 11 (9th Cir.2006). La Quinta Worldwide LLC v. QRTM, SA De CV, 762 F. 3d 867 (9th Cir. 2014).While "[t]he decision to grant or deny permanent injunctive relief is an act of equitable discretion by the district court," the "traditional principles of equity" demand a fair weighing of the factors listed above, taking into account the unique circumstances of each case. eBay, 547 U.S. at 391, 394, 126 S.Ct. 1837; see DISH Network, 653 F.3d at 776; see generally 1 Dobbs Law of Remedies � 2.9 (2d ed.1993); 11A Wright & Miller, Fed. Prac. & Proc. Civ. � 2942 (3d ed.1998). It is important to consider the totality of circumstances bearing on whether a permanent injunction is appropriate equitable relief. La Quinta Worldwide LLC v. QRTM, SA De CV, ibid.
Download or read book Trademark Infringement Remedies written by Brian E. Banner and published by ABA Section of Law Practice Management. This book was released on 2006 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Intellectual Property Law written by Terence P. Ross and published by Law Journal Press. This book was released on 2000 with total page 970 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses two crucial concerns of intellectual property owners--how to recover monetary compensation when an infringement has occurred and how to prevent further infringement.
Download or read book Injunctive Relief written by Kirstin Stoll-DeBell and published by American Bar Association. This book was released on 2009 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: The injunction is an exceptionally potent remedy, the grant or denial of which often leads to a cascade of serious consequences. This comprehensive and practical guide to injunctive relief covers all issues that are relevant to these types of motions from pre-filing considerations to appellate relief. The book also includes time-saving checklists, flowcharts to help practitioners decide whether to file such motions and statistics relating to how often these motions are granted/denied.
Download or read book Litigating Copyright Trademark and Unfair Competition Cases written by and published by . This book was released on 1996 with total page 844 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Patent Challenges for Standard Setting in the Global Economy written by National Research Council and published by National Academies Press. This book was released on 2013-10-07 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent Challenges for Standard-Setting in the Global Economy: Lessons from Information and Communication Technology examines how leading national and multinational standard-setting organizations (SSOs) address patent disclosures, licensing terms, transfers of patent ownership, and other issues that arise in connection with developing technical standards for consumer and other microelectronic products, associated software and components, and communications networks including the Internet. Attempting to balance the interests of patent holders, other participants in standard-setting, standards implementers, and consumers, the report calls on SSOs to develop more explicit policies to avoid patent holdup and royalty-stacking, ensure that licensing commitments carry over to new owners of the patents incorporated in standards, and limit injunctions for infringement of patents with those licensing commitments. The report recommends government measures to increase the transparency of patent ownership and use of standards information to improve patent quality and to reduce conflicts of laws across countries.
Download or read book McCarthy on Trademarks and Unfair Competition written by J. Thomas McCarthy and published by Clark Boardman Callaghan. This book was released on 1996 with total page 1186 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Intellectual Property Liability of Consumers Facilitators and Intermediaries written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2012-10-01 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: With reports from all major jurisdictions where the responsibility of facilitators and intermediaries for copyright and trade mark infringement have been litigated, this very useful book is the first comprehensive global survey of the liability regime that intermediaries may face when assisting others to directly infringe copyright and trade mark rights, or when providing others with the means to do so. It addresses such issues as the following: ISP liability; contributory and secondary liability for trade mark, copyright, and patent infringement; time- and geo-shifting devices and services; consumer identification through dynamic IP addresses; infringements committed on a “commercial scale”; liability of hosting providers; requirements for a breach of duty of care; notice to users to refrain from infringements; filters and other due diligence measures; “actual knowledge”; privacy and infringers’ personal data; file sharing services; online storage services; and liability of transporters and freighters. After a general introduction analysing relevant aspects of trade mark and copyright law, local experts provide detailed reports on positions in the EU (at the Community level), Germany, France, Italy, The United States, Japan, Korea, Australia, and New Zealand. As well as dealing with the issues, each report pays close attention to case law, legislative developments, and procedural issues of injunctive relief and damages. A final chapter covers comparative contributory patent infringement. Along with the very practical value the book offers corporate counsel charged with IP rights litigation, the authors shed light on the fundamental issue of whether attempts to broaden liability in this area are compatible with established IP principles such as territoriality, freedom to operate, and freedom of competition. As a result, the book will be welcomed by a wide spectrum of lawyers and others working in this rapidly growing field, including practitioners, policymakers, academics, and jurists.
Download or read book United States Code Annotated written by United States and published by . This book was released on 2009 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes: Constitution of the United States annotated.
Download or read book What Every Litigator Must Know about Intellectual Property written by and published by . This book was released on 2003 with total page 926 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Introduction to Intellectual Property written by Kerry Bundy and published by . This book was released on 2021-02-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction to Intellectual Property provides a clear, effective introduction to patents, copyright, trademarks, and trade secrets. The text may be used by students and instructors in formal courses, as well as those applying intellectual property considerations to entrepreneurship, marketing, law, computer science, engineering, design, or other fields. The luminaries involved with this project represent the forefront of knowledge and experience, and the material offers considerable examples and scenarios, as well as exercises and references.
Download or read book Trademark Law Handbook written by and published by . This book was released on 1981 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Understanding Basic Trademark Law written by and published by . This book was released on 2002 with total page 764 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trademark Law the Internet written by Lisa E. Cristal and published by . This book was released on 1999 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Injunctive Relief for Patent Infringement written by LandMark Publications and published by . This book was released on 2017-06-24 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, discuss and apply the standard for injunctive relief in cases of patent infringement. The selection of decisions spans from 2013 to the date of publication.The Patent Act provides a patentee with the "right to exclude others from making, using, offering for sale, or selling the [patented] invention." 35 U.S.C. § 154(a)(1). This right has its roots in the U.S. Constitution's Intellectual Property Clause, which refers to inventors' "exclusive Right to their respective ... Discoveries." U.S. Const. art. I, § 8, cl. 8. In furtherance of this right to exclude, district courts "may grant injunctions in accordance with the principles of equity to prevent the violation of any right secured by patent, on such terms as the court deems reasonable." 35 U.S.C. § 283. "[N]ot surprising[ly], given the difficulty of protecting a right to exclude through monetary remedies that allow an infringer to use an invention against the patentee's wishes," historically courts have "granted injunctive relief upon a finding of infringement in the vast majority of patent cases." eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388, 395, 126 S.Ct. 1837, 164 L.Ed.2d 641 (2006) (Roberts, C.J., concurring) (emphasis in original). Apple Inc. v. Samsung Electronics Co., Ltd., 801 F. 3d 1352 (Fed. Cir. 2015).
Download or read book Intellectual Property Litigation written by Eric M. Dobrusin and published by Aspen Publishers Online. This book was released on 2008-08-21 with total page 1018 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Property Litigation: Pretrial Practice, Third Edition offers up-to-date, comprehensive case analysis and a clear framework for streamlining the procedural requirements and issues involved in resolving patent disputes. You'll find unparalleled analysis of crucial procedures and guiding case law on key phases of pretrial litigation practice including: preliminary injunction, bifurcation, discovery, summary judgment, and more. With Intellectual Property Litigation, youand’ll learn cutting-edge, evidence-based practices to establish facts, test the sufficiency of your opponentand’s case, commit your opponent to a position, and focus the issues toward your advantage. This must-have resource provides expert guidance and in-depth case analysis to pave your way through complex intellectual property litigation, including: How to use injunctive relief, bifurcation, discovery, and summary judgment to resolve disputes The best methods for protecting sensitive information from discovery Recognizing and using the claims and defenses commonly encountered in patent litigation Recent Federal Circuit and Supreme Court cases on the evolving standards for invalidating patents And much more!
Download or read book Trademark and Deceptive Advertising Surveys written by Shari Seidman Diamond and published by American Bar Association. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the issues that trademark surveys address, this book offers practical tools for recognizing and appreciating good survey methodology and distinguishing valuable evidence. The authors examine design and analysis topics relevant when presenting, defending, or critiquing a survey. Combining theory and practice in one resource, it features actual and hypothetical cases while discussing how the courts have addressed these issues. Current and authoritative, this book provides strategic guidance on how to identify important issues, understand options, and the best way to handle them.
