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Archive for the ‘District Courts’ Category

Plaintiff’s Lanham Act false association claims against Google AdWords program survive motion to dismiss By Abby Lauer – Edited by Matt Gelfand Jurin v. Google, No. 2:09-cv-03065-MCE-KJM (E.D. Cal. Feb. 14, 2011) Slip Opinion hosted by Scribd.com The U.S. District Court for the Eastern District of California denied in part and granted in part Google’s motion to dismiss in a case involving trademark infringement and breach of contract claims against the search engine. While granting Google’s motion to dismiss plaintiff’s ... Read More...
Posted On Feb - 28 - 2011 Comments Off READ FULL POST
Following Bilski, court upholds validity of patents that meet a “meaningful limits” test By Irina Oberman – Edited by Avis Bohlen H&R Block Tax Services, Inc. v. Jackson Hewitt Tax Service, Inc., No. 608cv37 (E.D. Tex. Feb. 2, 2011) Slip Opinion hosted by 271 Patent Blog Magistrate Judge Love, sitting in the United States District Court for the Eastern District of Texas, reconsidered a previous Report and Recommendation in this case, which recommended invalidating two of the plaintiff’s three asserted ... Read More...
Posted On Feb - 20 - 2011 Comments Off READ FULL POST
Federal District Court Denies Motion to Dismiss Contributory Cybersquatting and Contributory Dilution Claims By Elina Saviharju – Edited by Jonathan Allred Microsoft Corp. v. Shah, et al., No. C10-0653 (W.D. Wash. Jan. 12, 2011) Slip opinion hosted by WSJ.com The U.S. District Court for the Western District of Washington denied defendants’ motion to dismiss plaintiff Microsoft’s claims for contributory cybersquatting and contributory dilution as unrecognized by law. Cybersquatting is the practice of registering a domain name similar to a well-known ... Read More...
Posted On Feb - 14 - 2011 1 Comment READ FULL POST
By Tim Grayson FCC Moves to Dismiss Net Neutrality Challenges As PCMag.com reports, the FCC moved to dismiss two challenges to the agency’s December 2010 adoption of controversial net neutrality rules regulating broadband and wireless networks. Verizon and MetroPCS filed suit, each claiming that the FCC lacks the authority to enforce net neutrality. The FCC’s motion to dismiss stems from a timing issue: Verizon and MetroPCS both filed suit before the new rules were published in the Federal Register. This ... Read More...
Posted On Feb - 6 - 2011 Comments Off READ FULL POST
District Court Looks Unfavorably Toward Unilateral Contract Amendments through Web Page Updates By Katie Booth – Edited by Esther Kang Roling v. E*Trade Securities, LLC, No. 10-0488  (N.D. Cal. Nov. 11, 2010) Slip Opinion hosted by Scribd.com The U.S. District Court for the Northern District of California held that plaintiffs’ claim that E*TRADE’s brokerage agreement was unconscionable was sufficient to survive a motion to dismiss. E*TRADE could change the terms of the brokerage agreement by posting revised terms on its ... Read More...
Posted On Dec - 7 - 2010 Comments Off READ FULL POST
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