Category: Intellectual Property
Chutzpah at the Northern District of Illinois: Toyo Tire v. Atturo Tire, 2021 WL 1853310, (Northern Dist. of IL, Eastern Div.) May 10, 2021. By James Michael Faier, M.P.P., M.B.A., J.D. (Reg. Patent Attorney 56731)
Between the lines I can hear Hon. Judge Mary Rowland scolding Toyo Tire in its case against Atturo Tire saying, you must be kidding me – you are twice sanctioned in this case for dragging your feet and now you want a certification under FRCP 54(b) so that you can immediately take an appeal because […]read more
Faier on IP Law: Personal Jurisdiction and Rubik’s Brand v. The Partnerships and Unincorporated Associations identified on Schedule A. 2021 WL 825668 (NDIL) March 4, 2021.
This is a great case that raises the thought provoking issue of personal jurisdiction in federal court in instances of trademark infringement. Plaintiff filed suit against 676 online sellers arguing that each infringed plaintiffs with regard to Rubik’s cube. We get this case because one defendant from China, Yoyoly, showed up to argue that the […]read more
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