Monthly Archives: August 2013

BWP Media Sues SoftLayer Technologies for Copyright Infringement

On July 30, 2013, BWP Media filed a copyright infringement lawsuit (complaint available here) against SoftLayer Technologies in the Northern District of Texas. BWP provides entertainment-related photojournalism goods and services, and owns the rights “to a multitude of photographs featuring celebrities.” … Continue reading

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Provident Precious Metals Seeks Declaratory Judgment Against Northwest Territorial Mint

On July 29, 2013, Provident Precious Metals filed a declaratory judgment lawsuit (complaint available here) against Northwest Territorial Mint in the Northern District of Texas. Provident “seeks declaratory judgment of non-infringement of alleged copyright(s), trademarks and trade dress rights asserted against … Continue reading

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Scentsible, LLC Seeks TRO Against Great Innovations

On July 28, 2013, Scentsible, LLC d/b/a Poo~Pourri filed an application for temporary restraining order and preliminary injunction against Great Innovations, Inc. (pleading available here). Scentsible claims that Great Innovations has violated the Lanham Act and committed unfair competition by … Continue reading

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Online News Link Files Four Patent Infringement Lawsuits In Northern District of Texas

On August 2, 2013, Online News Link filed four patent infringement lawsuits (available here, here, here, and here) against the following defendants: Acxiom Corp., Epsilon Data Management, ExactTarget, GSI Commerce n/k/a Ebay Enterprise, and E-Dialog. Online News Link claims that defendants infringe U.S. … Continue reading

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Sotheby’s Hits Briggs Freeman With Lawsuit and Application for Preliminary Injunction

On August 1, 2013, Sotheby’s filed a lawsuit in the Northern District of Texas against Briggs Freeman (complaint available here). Sotheby’s claims that Briggs Freeman (and certain of its affiliated real estate agents) have committed trademark infringement in violation of … Continue reading

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Fifth Circuit Finds That Court Orders Authorized By Stored Communications Act To Compel Cell Phone Service Providers to Produce Their Subscribers’ Historical Cell Site Information Are Not Per Se Unconstitutional

On July 30, 2013, the Fifth Circuit issued its decision in In re U.S. for Historical Cell Site Data (available here). The Fifth Circuit held that court orders authorized by the Stored Communications Act to compel cell phone service providers … Continue reading

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Federal Circuit Pulls Model Orders From Its Website

We’ve previously discussed two model orders from the Federal Circuit Advisory Council: one dealing with e-discovery and the other dealing with limiting claims/prior art references. The Federal Circuit recently pulled these model orders from its website, and has issued the … Continue reading

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Obama Administration Vetoes ITC Decision to Ban Apple IPhones/IPads

On August 3, 2013, the Obama Administration (in a letter available here from Ambassador Michael B. G. Froman) disapproved of the ITC’s exclusion order prohibiting the unlicensed importation of Apple devices that infringe certain Samsung patents. The letter “express[ed] substantial concerns … Continue reading

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Star-Telegram Article on Sequestration

On August 4, 2013, the Star-Telegram ran an article (available here) about how the sequestration is affecting North Texas attorneys, in particular federal public defenders: Sequestration, the automatic across-the-board federal budget cuts imposed by Congress that went into effect in … Continue reading

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Judge Lynn’s Donald Hill Decision Upheld By Fifth Circuit Court of Appeals

In 2009, Donald Hill, former Dallas city Council member, was convicted by a federal jury of bribery, extortion, honest services fraud, and conspiracy to launder money, in connection with his tenure as a Dallas City Council member and certain construction … Continue reading

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