In Source Search Technologies v. LendingTree, the Court of Appeals for the Federal Circuit (“CAFC”) vacated the United States District Court of New Jersey’s grant of summary judgment that U.S. Patent No. 5,758,328 (“the ‘328 patent”), a system for matching buyers and vendors over a network like the internet, was infringed but invalid. The CAFC affirmed the grant of summary judgment for the findings that the claims were not indefinite and that LendingTree’s website offered “goods and services” as contemplated by the ‘328 patent but remanded the case for further fact finding on the infringement and validity issues. (more…)
Posts Tagged ‘infringement’
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British Court of Appeal refuses to enforce US judgement, finds Star Wars helmet memoralbilia does not qualify as sculpture
In Lucasfilm Ltd. v. Ainsworth [2009] EW Court of Appeal Civ 1328 (16 December 2009), on an appeal from the Chancery Division, the Court of Appeal (Court of Appeal) rejected the Plaintiff-Appellant Lucasfilm’s appeal in respect of copyright non-infringement and of the lack of enforcement of a US judgement in the UK. Defendant-Respondent Ainsworth cross-appeals the decision to enforce the US copyright.
In the course of making the first Star Wars film paintings and drawings were produced showing “stormtroopers” in their helmets and armour as well as a clay model of a stormtrooper helmet. Ainsworth was asked to produce a plastic version based on the clay model and created a sculpted version incorporating his own improvements. Ainsworth subsequently made and sold copies of the helmet. After trial in the Chancery Court (CC) Lucasfilm had obtained a default judgment for trade-mark and copyright infringement in California against Ainsworth in the sum of $20M (US) and was granted an injunction preventing Ainsworth from advertising the identified props in, or sending them to, the US. (more…)
FC Grants Summary Judgment in Passing-Off Case
In 2045978 Ontario Inc. (Chaps The Original) v. Chaps Aldershot (2009 FC 872), the Federal Court allowed a motion for summary judgment in a dispute between two restaurant owners. The Court held the evidence clearly indicated infringement and passing-off by defendant Chaps Aldershot, as defined by ss. 19, 20 and s.7(b) of the Trade-Marks Act, respectively. (more…)
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