In intellectual
property infringement cases, the courts follow the «but for» approach as described above, and typically apply the so - called Panduit factors.
Not exact matches
On March 22, the Trump Administration announced plans to pursue Section 301 of the 1974 Trade Act which outlines measures to respond to «unfair trade practices» — in this
case, what the Trump Administration believes are intellectual
property infringements on the part of Chinese companies.
Sony issued a formal statement today on the matter of user - created levels being deleted from LittleBigPlanet, saying the «vast majority of content uploaded to date has been fun and suitable for all of our community members,» but that «In a very few
cases we have upheld complaints regarding unsuitable content or
infringement of intellectual
property, with less than 0.5 % of levels actively moderated as a result of complaints from other users.»
However a recent
case by the US Supreme Court, identifies a potential
infringement on
property rights when government imposes unreasonable conditions on land - use permits or approvals.
In an unrelated matter, the SCC has also granted leave to appeal in a slew of intellectual
property cases in which a Quebec artist is suing several broadcasting companies for copyright
infringement for allegedly copying his character sketches.
A majority of these
cases are brought by citizens with substantial complaints — persons who are physically or economically injured by torts or frauds or governmental
infringement of their rights; persons who have been unjustly deprived of their liberty or their
property; and persons who have not yet received the equal opportunity in education, employment, and pursuit of happiness that was the dream of our forefathers.
Our lawyers have significant experience in assisting our clients protect and develop the full value of their intellectual
property by prosecuting and defending copyright and trademark
infringement cases, unfair competition actions, Internet and technology disputes, franchise disputes, false advertising claims, litigation concerning trade secrets and restrictive covenants, and other claims relating to intellectual
property.
Even a very incomplete list gives an impression of the large number of significant opinions he has written: seminal administrative law
cases such as Chevron v. NRDC and Massachusetts v. EPA, the intellectual
property case Sony Corp v. Universal City Studios (which made clear that making individual videotapes of television programs did not constitute copyright
infringement), important war on terror precedents such as Rasul v. Bush and Hamdan v. Rumsfeld, important criminal law
cases such as Padilla v. Kentucky (holding that defense counsel must inform the defendant if a guilty plea carries a risk of deportation) and Atkins v. Virginia (which reversed precedent to hold it was unconstitutional to impose capital punishment on the mentally retarded), and of course Apprendi v. New Jersey (which revolutionized criminal sentencing by holding that the Sixth Amendment right to jury trial prohibited judges from enhancing criminal sentences beyond statutory maximums based on facts other than those decided by a jury beyond a reasonable doubt).
On July 1st 2008, a specialized Intellectual
Property Court (IP Court) was established, which governs civil
cases related to patent
infringement and administrative lawsuits related to patent validity.
He has represented inventors concerning patent
infringement, whistleblowers concerning insurance fraud, personal injury victims concerning defective products, first - party
property insurers in subrogation
cases, and more.
Our team handles all types of intellectual
property disputes, including
cases involving patent and trademark
infringement, as well as lawsuits involving the misappropriation of trade secrets.
Injunctions have been sought and issued in wide - ranging circumstances, including in
property litigation, commercial actions, IP
infringement proceedings, labour disputes, and in
cases of public proteses.
The kinds of representation we provide involve: (1) litigation and appeals regarding a wide variety of legal issues; (2) employment disputes, including discrimination claims and accusations of noncompliance with wage and hour laws; (3) intellectual
property matters regarding patents, trademarks and copyright
infringements; (4) commercial real estate matters; (5) business law disputes; and (6) alternative dispute resolution («ADR») matters, including mediation and arbitration
cases.
Recent matters handled include fraud
cases, major joint venture disputes in the energy field, and claims for intellectual
property infringement.
The litigation practice in El - Aref International Law Office possesses specific single - party, multiparty, experience involving intellectual
property infringements, license and franchise litigation, malpractice
cases; commercial, contractual, and construction disputes.
As a general rule, state law refers to
cases such as broken contracts, robberies, family law, traffic violations etc while federal law refers to
cases such as constitutional violations for which your country is party, copyright
infringement and intellectual
property cases, patent
cases etc..
Complaints and
cases of the two involve false designation of origin,
infringement of intellectual
property, unjust enrichment, unfair competition, and trademark
infringement.
Appearing as Sole Counsel for the Claimant in a
case concerning the racially tainted
infringement of
property rights pursuant to Article 1 Protocol 1 and Article 14.
Won bench trial representing sound technology startup in complex commercial
case involving contract, labor and intellectual
property infringement claims.
Drawing on data from Lex Machina's proprietary intellectual
property litigation database, these quantified insights into time - to - injunction, findings of
infringement or fair use, and damages won can be used to help attorneys budget
cases and craft winning strategies for trademark litigation.
Registration on the Principal Register of the USPTO enhances the AAMA's common law, substantive intellectual
property rights in these three marks, and offers procedural advantages in
case of
infringement.
Among the
cases is one involving alleged patent
infringement by an online mapping technology and one testing the constitutionality of a municipal requirement for a
property inspection at the point of sale.