LEGALFORCE RAPC WORLDWIDE, PC V. LEGALFORCE, INC.

The panel affirmed the district court’s dismissal, for failure to state a claim, of an action under the Lanham Act alleging trademark infringement in defendant’s advertising and selling of equity. LegalForce RAPC Worldwide, P.C. (“LegalForce USA”), a California S corporation... Read more →

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ORACLE INTERNATIONAL CORPORATION V. RIMINI STREET, INC.

In an action brought by software developer Oracle International Corporation against Rimini Street, Inc., under the Copyright Act and the Lanham Act, the panel vacated in part the district court’s permanent injunction against Rimini, a third-party provider and direct competitor... Read more →

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ORACLE INTERNATIONAL CORPORATION V. RIMINI STREET, INC.

In an action brought by software developer Oracle International Corporation against Rimini Street, Inc., under the Copyright Act and the Lanham Act, the panel vacated in part the district court’s permanent injunction against Rimini, a third-party provider and direct competitor... Read more →

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Curry v. Revolution Laboratories, LLC

Plaintiff Charles Curry, Jr., is a former competitive powerlifter and body builder. Today, he is an entrepreneur and small-business owner. In 2002, Curry started a nutritional supplements business called Get Diesel Nutrition, eponymous with his bodybuilding nickname, “Chuck Diesel.” He... Read more →

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US Ghost Adventures, LLC v. Miss Lizzie's Coffee LLC

The Lizzie Borden House is located in Fall River, Massachusetts. It bears a storied history that originates with the still-unsolved murders — in 1892 — of Lizzie Borden's father and stepmother. Prosecutors alleged that Borden hacked her parents to death... Read more →

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LERNER & ROWE PC V. BROWN ENGSTRAND & SHELY LLC

The panel affirmed the district court’s grant of summary judgment in favor of defendants in a trademark infringement action under the Lanham Act. Plaintiff Lerner & Rowe, PC, a personal injury law firm based in Arizona, had three registered trademarks,... Read more →

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1-800 Contacts, Inc. v. JAND, Inc.

Plaintiff-Appellant 1-800 Contacts, Inc., appeals from a judgment entered in the United States District Court for the Southern District of New York (Castel, J.), granting a motion for judgment on the pleadings in favor of Defendant-Appellee JAND, Inc., d.b.a. Warby... Read more →

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American Girl, LLC v. Zembrka

American Girl, LLC sued Zembrka, www.zembrka.com, and www.daibhidh.com (“Zembrka”) in the United States District Court for the Southern District of New York, asserting counterfeiting and trademark infringement claims. Zembrka, located in the People’s Republic of China, moved to dismiss the... Read more →

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To-Ricos, Ltd. v. Productos Avicolas del Sur, Inc.

This case arises from a dispute between two companies vying for the right to use the "Pollo Picú" trademark in the sale of fresh chicken. Appellant Productos Avícolas del Sur, Inc. ("PAS") sold chicken under the "Pollo Picú" trademark ("Picú... Read more →

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Libertarian National Committee, Inc. v. Saliba

This trademark action arises out of a dispute within the Libertarian Party of Michigan (referred to by name or as the “Michigan affiliate”). The Libertarian National Committee, Inc. (“LNC”) sued dissenting members of the Michigan affiliate—mainly former officers of the... Read more →

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