The Western District of North Carolina’s CBD Industries, LLC v. Majik Medicine, LLC is yet another case revolving around the USPTO’s shaky guidance for cannabis products. Originally delegated to a magistrate judge who issued a Memorandum and Recommendation (M&R), the plaintiff’s motion to dismiss the defendant’s counterclaims and cancel the defendant’s trademark registration was denied…
This case, filed against my client in the Eastern District of Arkansas in the middle of 2019, started with two lamps made to look like they were made of deer antlers. Ultimately, we brought a motion for summary judgment and argued that the plaintiff’s lamp was not sufficiently original to merit copyright protection — because it…
Forum shopping is the concept that some plaintiffs will skip their local court in favor of another jurisdiction that has a track record of ruling favorably in similar cases. In Leong v. Agence France-Presse et al., a plaintiff based in Portugal found reason to bring his suit in New York even though there were perfectly…
Just as a song recording has two copyrights, so do comedy performances. Each recorded song and bit has a sound recording right and the rights to the underlying composition. In the Pandora Media case, these underlying rights form the basis for a dispute that would eventually veer into the Noerr-Pennington doctrine, the Sherman Act, and…
A case in the Northern District of California was notable for the way it ended, as opposed to its otherwise straightforwardness. Leftfield Holdings v. Google was a class action started on behalf of several restaurateurs of Mexican food who accused Google of trademark infringement, counterfeiting, false association, and false advertising. This was a motion to…
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