BY KIRK TESKA It’s that time of year again. Without further ado, following are the top 10 IP cases of 2019: Tom Terrific A U.S. Trademark Office examiner was on her game when Tom Brady applied to register “Tom Terrific” ...

Tagged with: Intellectual Property

Where the disputes in this case are related to the use and performance of a drug and will ultimately affect the drug’s value as intellectual property, this action is properly designated as a business court case under G.S. § 7A-45.4(a)(5). ...

Tagged with: Intellectual Property

SciGrip, Inc. v. Osae (Lawyers Weekly No. 020-010-18, 38 pp.) (Michael Robinson, J.) 2018 NCBC 10 Holding: After defendant Osae left plaintiffs’ employ, he went to work for defendant Scott Bader, Inc., in the United Kingdom. Although Osae frequently traveled ...

Tagged with: Intellectual Property

Firebirds International, LLC v. Firebird Restaurant Group, LLC (Lawyers Weekly No. 004-021-17, 14 pp.) (Robert Conrad Jr., J.) 3:16-cv-00774; W.D.N.C. Holding: Non-party El Fenix is a subsidiary of the Texas defendants, and defendants allegedly infringe plaintiff’s various “Firebirds” trademarks. Even ...

Tagged with: Intellectual Property

Krausz Industries Ltd. v. Smith-Blair, Inc. (Lawyers Weekly No. 002-001-17, 25 pp.) (Robert Numbers II, USMJ) 5:12-cv-00570; E.D.N.C. Holding: Where defendant sought the opinion of one law firm as to whether defendant’s product infringed plaintiff’s patent and retained another law ...

Tagged with: Intellectual Property

A recent change to North Carolina law extended the reach of the state’s business court to cover intellectual property disputes, even if the cases don’t touch on questions of IP ownership, a Business Court judge has ruled. Southeastern Automotive, an ...

Tagged with: Intellectual Property

A federal jury in western North Carolina has awarded nearly three times the amount of damages that a plaintiffs’ expert had estimated were reasonable in a patent infringement dispute, according to a defense attorney involved in the case. “I’ve always ...

Tagged with: Intellectual Property

Jimmy John’s, a sandwich shop, promises “subs so fast you’ll freak.” But it was revelations that the company had made workers sign contracts promising not to swap their aprons for those of hoagie-making rivals that freaked out New York’s attorney ...

Tagged with: Intellectual Property non-compete clause

Krawiec v. Manly (Lawyers Weekly No. 020-010-16, 31 pp.) (Louis Bledsoe III, J.) 2016 NCBC 7 Holding: Plaintiffs’ claim for misappropriation of trade secrets fails because plaintiffs have not adequately described the dance routines that the defendant-dancers allegedly misappropriated. Defendants’ ...

Tagged with: Intellectual Property

Beach Mart, Inc. v. L&L Wings, Inc. (Lawyers Weekly No. 15-02-1077, 10 pp.) (James Fox, S.J.) 2:11-cv-00044; E.D.N.C. Holding: Even though L&L Wings’ New York declaratory judgment action has been transferred to this court and consolidated with Beach Mart’s action, ...

Tagged with: Intellectual Property