• Posts Tagged ‘sovereign immunity’

    Jus Tertii is Disfavored Except When It 100% Works

    by  • September 21, 2020 • trademark • 0 Comments

    This is a litigation strategist’s dream. I don’t think the outcome is right, but I will say it was really excellent lawyering. Plaintiff Business Moves Consulting, Inc. owns a trademark registration for: for a long list of clothing items. It sued Collegiate Licensing Company, LLC and others for trademark infringement.1 CLC is a licensing...

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    The Patent Version of Righthaven

    by  • October 23, 2017 • patent • 0 Comments

    The news has been abuzz with Allergan, Inc,’s assignment of the patents in the highly lucrative “Restasis” dry-eye drug to the Saint Regis Mohawk Tribe and in turn receiving an exclusive license back. The transfer was so that the validity of the patents could not be challenged in an inter partes review because of...

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    An Indispensable Owner

    by  • October 21, 2013 • trademark • 1 Comment

    We know from Florida Prepaid that a State has sovereign immunity in federal intellectual property cases, so that it can only be required to appear in federal court if it has waived the immunity. This principle has ended a trademark infringement case before it got started. It’s an odd fact pattern. Plaintiff Richard Diaz,...

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