Recently in Intellectual Property Law Category

In an action for cybersquatting on a domain name identical to the name of plaintiff's product, summary judgment for Defendant is affirmed where 1) the district court did not err in denying plaintiff leave to amend its complaint, because it waited to file a motion to amend its complaint with information it had known over a month before when it filed a motion for summary judgment; and 2) plaintiff failed to show that defendant had a bad faith intent to profit from using the domain name.

Read Southern Grouts & Mortars, Inc. v. 3M Co., No. 08-15850

Appellate Information

Filed July 23, 2009

Judges

Per Curiam

In an action alleging that Defendant misused Plaintiff's Internet domain names and website to promote his solo medical practice, judgment for Plaintiff is affirmed in part, where a reasonable jury could find that Defendant made misrepresentations in a copyright registration application; but reversed in part, where the District Court erred in determining that Plaintiff could not recover damages under both the Anticybersquatting Consumer Protection Act and the Lanham Act.

Read St. Luke's Cataract & Laser Inst., P.A. v. Sanderson, No. 08-11848

Appellate Information

Filed July 9, 2009

Judges

Opinion by Judge Hull