Florida Lawyer News Services | Robbins Equitas

(Clearwater attorney) Data Mfg., Inc. v. United Parcel Serv., Inc.

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(U.S. 8th Cir., Administrative Law, Copyright, Transportation) In a dispute over billing fees, district court’s dismissal of plaintiff’s claims is affirmed in part where all but one of DMI’s claims are preempted by the Federal Aviation Administration Authorization Act. Plaintiff’s breach of contract claim was not preempted, and that claim is remanded for further proceedings.

United Nat’l Ins. Co. v. Spectrum Worldwide, Inc.

(U.S. 9th Cir., Contracts, Insurance Law, Intellectual Property, Media Law, Remedies, Trademark) In a suit by an insurance company for reimbursement of its settlement contribution in a trademark infringement action, summary judgment for plaintiff is affirmed where: 1) a “first publication” exclusion found in the excess insurance policy applied to infringement claims; 2) defendant was judicially estopped from claiming that it first published infringing material after it purchased the policy; and 3) the district court did not abuse its discretion in finding two defendants jointly and severally liable for repayment of plaintiff’s contribution.

Ball Aerosol
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Specialty Container, Inc. v. Ltd. Brands, Inc.

(U.S. Fed. Cir., Consumer Products, Intellectual Property, Patent, Retail) In a patent case brought against defendants including Bath & Body Works involving a candle tin with a removable cover that also acts as a base for the candle holder, summary judgment of validity and infringement, an award of damages, and a denial of a motion for reconsideration is reversed where the district court erred as a matter of law in failing to find two claims of the patent at issue to have been obvious, and in finding infringement of those claims.

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(Attorney tampa florida) Jones v. Blige

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(U.S. 6th Cir., Copyright, Entertainment Law, Intellectual Property) In a copyright infringement action based on the alleged misappropriation of Plaintiffs’ song, summary judgment for Defendants is affirmed where: 1) Plaintiffs failed to prove that Defendants had access to Plaintiffs’ song; and 2) Defendants wrote their song before the creation of Plaintiffs’ song.

La Resolana Architects PA v. Reno, Inc.

(U.S. 10th Cir., Construction, Copyright, Intellectual Property, Property Law & Real Estate) In a copyright infringement action related to designs for modular homes, judgment for Defendants is affirmed where the District Court did not clearly err in finding that Defendants, as a factual matter, did not copy Plaintiffs’ work.

OBX-Stock, Inc. v. Bicast, Inc.

(U.S. 4th Cir., Intellectual Property, Trademark) In a trademark infringement action concerning the term “OBX,” summary judgment for Defendant is affirmed, where “OBX” was purely a geographically descriptive mark with no secondary meaning.

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(Tampa lawyer) St. Paul Marine & Fire Ins. Co. v. Lago Canyon Inc.

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(U.S. 11th Cir., Admiralty, Civil Procedure, Contracts, Injury And Tort Law, Insurance Law) In an action seeking a declaration that Plaintiff-Insurer’s policy did not cover Defendant’s maritime accident, judgment for Plaintiff is affirmed in part, where Plaintiff invoked admiralty jurisdiction and thus Defendant was not entitled to a jury trial, but reversed in part, where “manufacturer’s defect” in the policy could mean either a manufacturing or design defect.

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