Justia Communications Law Opinion Summaries

Plaintiff filed this action alleging trademark infringement under Section 32(1) of the Lanham Act, 15 U.S.C. 114(1); federal unfair competition under Section 43(a) of the Act, 15 U.S.C. 1125(a); unfair competition and deceptive trade practices under the North Carolina Unfair and Deceptive Trade Practices Act (UDTPA), N.C.Gen. Stat. 75-1.1, thereby challenging the use of its federally-registered AGRI-NET trademark by defendants. Plaintiff appealed the district court's order granting summary judgment to defendants on its affirmative defense of laches. The court concluded that the district court erred in determining that defendants established its defense as a matter of law, and, separately, in failing to consider whether laches barred plaintiff's claim for prospective injunctive relief. Accordingly, the court vacated the judgment and remanded for further proceedings. View "Ray Communications, Inc. v. Clear Channel Comm., Inc., et al." on Justia Law

HTC sought a declaration that it did not infringe a valid and enforceable claim of the 830 patent, which covers a handover in a cellular telephone network to reduce the chance of interrupted service for a user in transit. IPCom counterclaimed, alleging infringement. The district court concluded that two claims in the 830 patent were invalid. The Federal Circuit reversed, finding that the district court misconstrued the claims, which cover only an apparatus, not an apparatus and method steps. The specification adequately discloses a processor and transceiver for use in performing the functions recited in the claims.View "HTC Corp. v. IPCom GmbH & Co., KG" on Justia Law

Pleased with the results of their first collaboration, the author and musician co-authored and recorded a second song. The relationship collapsed and the musician signed as a recording artist with unrelated recording and management companies. Accusations and altercations followed, and the author filed suit, alleging a "novel" claim of copyright infringement against the musician and others for preventing the author from commercially exploiting the two songs through threats contained in cease-and-desist letters and requests to music retailers that the songs not be offered for sale. The district court dismissed for failure to state a claim of copyright infringement. The Sixth Circuit affirmed dismissal of the copyright infringement claim, but reversed dismissal of a declaratory judgment claim. The author's allegation that the musician transferred an interest in the first song, which she did not own, is not the same thing as creating an improper copy of the song and such transfer does not constitute infringement under the Copyright Act, 17 U.S.C. 106. The cease-and-desist letters on which the declaratory judgment action was based essentially challenge the authorship and ownership of the songs, implicating federal law, so its dismissal as a state law claim was improper. View "Severe Records, LLC, v. Rich" on Justia Law