Author: James Faier
Faier on IP Law: Script Transform, LLC v. Motorola Mobility, 2021 WL 825666 – Venue in a Patent Matter. (NDIL) March 1, 2021.
This is a proceeding about venue. Motorola moved for dismissal under Federal Rule 12(b)(3) arguing that plaintiff lacked venue to bring its patent action in the Northern District of Illinois. The court granted the motion. Venue in a patent matter is governed by 28 U.S.C. Section 1400(b) that states that the action may be brought […]read more
Faier on the Law: Going after Infringers, the Joinder / Misjoinder Problem of Harley-Davidson. I feel for you! H-D U.S.A., L.L.C. v. The Partnerships and Unincorporated Associations Identified on Schedule “A”, 2021 WL 780486. March 1, 2021.
So a month or so ago it was Hon. Judge Kennelly and on Monday, March 1, 2021, it was Hon. Judge Marvin E. Aspen who tried to explain to the bar that there are limitations on joining defendants in an action. Now, Judge Kennelly’s action was on patents. Judge Aspen’s case in on trademarks. Specifically, […]read more
Faier on the law: LHO Chicago River, L.L.C. v. Rosemoor Suites, LLC, 2021 WL 649200, Feb. 19, 2021 (CA7) – If you want attorney fees, then follow Octane Fitness!
The issue in this case is award of attorney fees in an aborted trademark infringement matter. Can counsel for the defendant get legal fees where the owner of a trademark withdrew the suit after an adverse finding in a Motion for Preliminary Injunction where the mark was rather descriptive? This is the case of the […]read more
I am always surprised by people who do not read their documents. I get it. Lawyers like me have written agreements so long and complicated that you balk. Well, there is another answer. Do not do business with people who present such agreements. Ten years ago I was looking into a membership at my local […]read more
Faier Case briefs: U.S. v. Wehrle, 985 F.3d 549 (7CA), 1/15/2021. No reason to prohibit a statement of source as “hearsay.”
Okay folks, I was surprise to see an opinion on a criminal pornography having a trademark angle. But here we are. In this case, the Seventh Circuit reviewed the conviction of Wehrle on charges of child pornography. The Court upheld the trial court’s conviction. One of the grounds for the appeal was that the introduction […]read more