In Romag Fasteners, Inc. v. Fossil Group, Inc., No. 18-233, 590 U.S. _____ (2020), the United States Supreme Court held that a plaintiff in a trademark infringement action, brought under 15 U.S.C. § 1125(a), that alleges and proves trademark infringement is not required to show that the defendant willfully infringed the plaintiff’s trademark as
Trademarks
Three Delaware Attorneys Added by Court to Special Masters Panel in Complex Civil Cases in District of Delaware
By Order entered by Chief Judge Leonard P. Stark on January 31, 2020, the United States District Court for the District of Delaware added three Delaware attorneys to its Special Masters Panel in complex civil cases. The three Delaware attorneys added are Helena Rychlicki, Chad Stover and Gregory B. Williams (partner at Fox Rothschild LLP…
Judge Connolly Adopts the Recommendations of Magistrate Judge Burke to Deny Defendant’s Motion to Dismiss Plaintiff’s Lanham Act and Unfair Competition Claims
By Memorandum Order entered by The Honorable Colm F. Connolly in CareDx, Inc. v. Natera, Inc., Civil Action No. 19-662-CFC (D.Del. January 24, 2020), the Court adopted the Report and Recommendation of Magistrate Judge Christopher J. Burke recommending that Judge Connolly deny in part and grant part Defendant’s motion to dismiss Plaintiff’s complaint. Defendant…
Chief Judge Stark Grants Defendant’s Daubert Motion to Exclude Certain Testimony of Plaintiffs’ Trademark Expert for Lack of Reliable Methodology or Principles
By Gregory B. Williams on
Posted in Intellectual Property, Trademarks
By Memorandum Order entered by The Honorable Leonard P. Stark in Cirba Inc. d/b/a Densify) et al. v. VMware, Inc., Civil Action No. 19-742-LPS (D.Del. January 7, 2020), the Court granted Defendant VMware’s motion to exclude certain testimony of Plaintiffs’ trademark expert, Vincent Mayfield. While the Court rejected VMware’s argument that Mr. Mayfield’s opinions…
HAPPY HOLIDAYS!
HAPPY HOLIDAYS FROM YOUR FRIENDS AT FOX ROTHSCHILD LLP!
District of Delaware Announces Its Biennial Bench and Bar Conference and Extends Filing or Service Deadlines to Promote Participation in Conference by as Many Members of Bar as Possible
By Order issued by Chief Judge Stark, the United States District Court for the District of Delaware announced that it is hosting its biennial District of Delaware Bench and Bar Conference on April 30 and May 1, 2020. In order to promote the Conference and facilitate the participation of as many members of the Bar…
United States District Court for the District of Delaware Announces Selection of New U.S. Magistrate Judge
The United States District Court for the District of Delaware has announced the selection of Jennifer L. Hall to fill the new United States Magistrate Judge position in the District of Delaware. A copy of the Court’s announcement is attached.
Judge Noreika Transfers Lanham Act Action from District of Delaware to Northern District of Texas
By Gregory B. Williams on
By Memorandum Opinion entered by The Honorable Maryellen Noreika in ANI Pharmaceuticals, Inc. v. Method Pharmaceuticals, LLC et al., Civil Action No. 17-1097-MN (D.Del. January 11, 2019), the Court granted-in-part Defendants’ Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(2) or, in the Alternative, Transfer Venue to the extent that it sought to…
Happy New Year!
Wishing all of the readers of the Delaware Intellectual Property Litigation Blog a Happy and Prosperous 2019!
Greg Williams
Happy Holidays!
Happy Holidays!