Covering intellectual property developments in New England, and other developments that impact New England companies.

Category Archives: Injunctions

Defendants in Vineyard Vines Trademark Dispute Hit with Liquidated Damages and Attorneys’ Fees

In a recent decision out of the District of Connecticut, defendants MacBeth Collection, L.L.C, its affiliates, and owner found themselves in hot water when Judge Merriam determined they violated a permanent injunction barring the sale of certain products accused of trademark infringement. At issue was defendants’ whale-themed merchandise, which Vineyard Vines accused of misappropriating Vineyard … Continue Reading

Hyper-Divergence: Halo and the Preliminary Injunction Requirement for Enhanced Damages

By William D. Dalsen on July 27, 2016 Posted in Infringement, Injunctions, Massachusetts, Software, Willfulness

A recent report and recommendation issued in the District of Massachusetts is one of the first cases to interpret – and arguably, to extend – the Supreme Court’s recent decision on willful infringement, Halo Electronics, Inc. v. Pulse Electronics, Inc. In Simplivity Corporation v. Springpath, Inc., plaintiff Simplivity alleged infringement of U.S. Patent No. 8,478,799, … Continue Reading

After Rain Delay, Preliminary Injunction Denied

By James Anderson on June 7, 2016 Posted in Building/Construction, Connecticut, Injunctions, Laches

In a recent case involving competitors in the market of storm water chambers, underground structures for the collection and management of rain and snow storm water, the District of Connecticut court denied a motion for preliminary injunction, reasoning in part that there was too long of a delay between when the plaintiff, StormTech, learned of … Continue Reading

In Trademark Dispute, New Hampshire School Website Address Not Taken For Granite

By Patrick Niedermeier on August 19, 2015 Posted in Education, Injunctions, New Hampshire, Trademarks and Trade Dress

New Hampshire is commonly referred to as the Granite State. In one recent trademark infringement case, however, a federal court in New Hampshire did not find a likelihood of consumer confusion between website addresses for competing trade schools, where one school uses the term “NH” and the other uses the term “Granite State.”… Continue Reading

Cisco Takes Foreign Corporations to School in Ex Parte Applications for Restraining Orders

By Brendan Cox on July 24, 2015 Posted in Connecticut, Copyright, Damages & Injunctions, Injunctions

Two recent orders from the District of Connecticut demonstrate that the element of surprise continues to be an effective, and sometimes necessary, factor in copyright litigation. The June 26, 2015 orders issued by the Honorable Vanessa L. Bryant, granted plaintiff Cisco Technology, Inc.’s ex parte applications for temporary restraining orders and enjoined the defendants – … Continue Reading