BELMORA LLC v. BAYER CONSUMER CARE AG, No. 15-1335
Decided: October 27, 2015
The Fourth Circuit concluded that the district court erred in reversing the U.S. Trademark and Appeal Board’s decision to cancel Belmora’s registration for the FLANAX mark based on deceptive use, …
The Fourth Circuit affirmed the district court’s award of summary judgment to Defendant, Lessard Inc., on the basis that no reasonable jury could find that the two apartment designs at issue …
DESIGN RES., INC. v. LEATHER IND. OF AMERICA, NO. 14-1990
Decided: June 18, 2015
The Fourth Circuit held that Design Resources, Inc. (DRI) failed to show that Defendants made false or misleading descriptions or representations of facts in commercial advertising about DRI’s leather-like product. On …
THE RADIANCE FOUND., INC. v. NAT’L ASS’N FOR THE ADVANCEMENT OF COLORED PEOPLE, NO. 14-1568
Decided: May 19, 2015
The Fourth Circuit held that The Radiance Foundation (“Radiance”) neither infringed upon, nor diluted through tarnishment, the National Association for the Advancement of Colored People’s (“NAACP”) trademarks when Radiance authored an …
The Fourth Circuit held that in considering whether to abstain in cases where a plaintiff seeks both declaratory and nondeclaratory relief, a federal court’s task is to determine whether exceptional circumstances …
GEORGIA-PACIFIC CONSUMER PRODS. V. VON DREHLE CORP., NO. 13-2003
Decided: March 30, 2015
The Fourth Circuit vacated, reversed in part, and remanded in part the judgment of the district court that von Drehle’s infringement justified a permanent, nationwide injunction, treble damages, attorney’s fees, and …
MCAIRLAIDS, INC. v. KIMBERLY-CLARK CORP., NO. 13-2044
Decided: June 25, 2014
The Fourth Circuit held that a genuine issue of material fact existed for the jury to determine whether McAirlaids’ pixel pattern on absorbent pads was functional or merely an ornamental device.…
The Fourth Circuit held that the district court did not err in finding that the marks at issue in this trademark infringement case were not confusingly similar and therefore affirmed the …
Bouchat v. Baltimore Ravens, L.P., Nos. 12-2543 & 12-2548
Decided: December 17, 2013
The Fourth Circuit affirmed the district court’s decision that the defendants’ use of plaintiff’s “Flying B” logo that was used as the Baltimore Ravens’ logo from 1996 to 1998 in historical …
Holding that the Appellant Anthony Dash (“Dash”) was not entitled to damages under 17 U.S.C. § 504(b), the Fourth Circuit affirmed the district court’s grant of summary judgment in favor of …
Metropolitan Regional Information Systems, Inc. v. American Home Realty Network, Nos. 12-2102, 12-2432
Decided: July 17, 2013
American Home Realty Network (“AHRN”) and Metropolitan Regional Information Systems, Inc. (“MRIS”) both operate an online multiple listing service (“MLS”). MRIS brought suit against AHRN, arguing that AHRN’s unauthorized use of …
The Fourth Circuit affirmed the district court’s award of summary judgment in favor of Defendants, Lennar Corporation, Lennar Carolinas, LLC, and Drafting & Design, Inc., concluding that the Plaintiff, Building Graphics, …