November/December 2010 Issue

Civil Cases

Athletic Training Innovations, LLC v.
L.A. Gear, Inc.,
2010 WL 4103309 (E.D. La. Oct. 18, 2010)
Eastern District of Louisiana finds personal jurisdiction over California defendant who not only sent a cease-and-desist letter for trademark infringement to Louisiana plaintiff but also to plaintiff’s customers in other states, causing customers to cancel their orders with plaintiff.

DSPT Int’l, Inc. v. Nahum,
2010 WL 4227883 (9th Cir. Oct. 27, 2010)
Ninth Circuit decides that the holding of a domain name “for ransom” by an ex-employee as leverage to get money owed by a former employer constitutes cybersquatting, even if the domain name was initially registered innocently and used properly for years.

Famous Horse Inc. v. 5th Avenue Photo Inc.,
2010 WL 4117673 (2d Cir. Oct. 21, 2010)
Second Circuit holds that plaintiff, who sued seller of counterfeit third-party jeans, does not need to be in direct competition with defendant to have standing for an unfair-competition claim under Section 43(a) of the Lanham Act.

FreecycleSunnyvale v. Freecycle Network,
2010 WL 4749044 (9th Cir. Nov. 24, 2010)
Ninth Circuit upholds summary-judgment finding of naked licensing where nonprofit licensor exercised no control over its marks, though court leaves the standard of proof required for such a finding unclear.

Nightingale Home Healthcare Inc. v.
Anodyne Therapy, LLC,
2010 WL 4721581 (7th Cir. Nov. 23, 2010)
Seventh Circuit, comprehensively reviewing case law from the other circuit courts, clarifies its standard for finding a case “exceptional” for purposes of awarding attorneys’ fees under the Lanham Act.