Tag Archives: Dismiss

Judge Andrews Grants Defendants’ Motion to Dismiss Patent Infringement Action Based on Patent Ineligible Subject Matter

By Memorandum Opinion entered by The Honorable Richard G. Andrews in Finnavations LLC v. Payoneer, Inc., Civil Action No. 18-444-RGA (D.Del. November 26, 2018) (consolidated), the Court granted defendants’ motion to dismiss under 35 U.S.C. §101 after concluding that the … Continue reading

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New York State Judge Denies Trump Foundation Motion to Dismiss Complaint by State Attorney General

Professor Ruthann Robson, City University of New York (CUNY) School of Law In her Decision and Order in People of State of New York v. Donald Trump (and three of the Trump children and the Trump Foundation), Justice Saliann Scarpulla… … Continue reading

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only "laconic" resellers allowed: court refuses to dismiss complaint against reseller of Chanel goods

Chanel, Inc. v. WGACA, LLC, 2018 WL 4440507, No. 18 Civ. 2253 (LLS) (S.D.N.Y. Sept. 14, 2018)Depressing but unsurprising: Chanel’s claims against used goods-seller What Goes Around Comes Around proceed because WGACA may have been too forward in telling the … Continue reading

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Judge Denies Motions to Dismiss Fraud, Copyright Claims in ‘This Is Spinal Tap’ Lawsuit

In October 2016, the creators of the classic mockumentary film This Is Spinal Tap filed suit against a group of defendants including the French mass media conglomerate Vivendi S.A. alleging that Vivendi engaged in anticompetitive business activities to defraud the … Continue reading

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Nominative fair use defense in 2d Cir goes about as well as you'd expect on motion to dismiss

Excelsior College v. Wolff, 2018 WL 3964703, No. 17-CV-0011 (N.D.N.Y. Aug. 16, 2018)Excelsior alleged that Wolff infringed its rights by advertising and selling a test preparation service that uses Excelsior’s registered marks and copyrighted material for a Clinical Performance Nursing … Continue reading

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