Pennsylvania Copyright infringement Law
Dawn Cutillo, et al. v. David Cutillo, et al.
Allentown, Pennsylvania intellectual property lawyer represented Plaintiffs who sued Defendants on copyright infringement theories. <br> <br> <br> Plaintiffs Dawn Cutillo and Infinity Health, LLC ("IHâ€) have alleged federal and state law claims against Defendants David Cutillo, Infinity Health Advisors LLC, ("IHAâ€), and intervenor IHA Distribution, LLC ("IHADâ€). Plaintiffs' claim... More...
$0 (07-28-2023 - PA)United States of America v. Bill Omar Carrasquillo
Philadelphia, Pennsylvania criminal defense lawyer represented Defendant charged with criminal copyright infringement scheme.<br> <table><br> <h1><br> <center><br> <P><br> <img width="300" src="http://www.morelawtv.com/wp-content/uploads/2020/09/Philadelphia_PA_FED.jpg" alt="Federal Courthouse - Philadelphia, Pennsylvania"><br> <P><br> Federal Courthouse - Philadelphia, Pennsylvania<br> <P><br> <a... More...
$0 (03-09-2023 - PA)Linda Matlow and Pix International, LLC v. The Trustees of the University of Pennsylvania
Philadelphia, Pennsylvania intellectual property lawyer represented Plaintiffs, who sued Defendants on copyright infringement theory pursuant for 17 U.S.C. 101, et seq. which provide:<br> <br> (a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, r... More...
$1 (01-27-2020 - PA)Nicholas Brayton v. Woolrich,Inc. and Woolrich International
Williamsport, PA: Intellectual property lawyer lawyer Plaintiff, who sued Defendant on a trademark infringement (Lanham Act violation theory.... More...
$1 (08-27-2021 - PA)Sara Underwood, et al. v. KAB Business Holdings, Inc., et al.
Allentown, Pennsylvania intellectual property lawyer represented Plaintiffs, who sue the Defendants on trademark infringement theories.... More...
$80000 (04-30-2021 - PA)Thomas Sköld v. Galderma Laboratories L.P.; Galderma Laboratories, Inc.; Galderma S.A.; Nestle Skin Health S.A.
<center><br> <img width="300" src="http://www.paed.uscourts.gov/graphics/active/ByrneSmall.jpg"><br> </center><br> <br> This case proves once again that people will fight for a catchy name. Thomas Sköld sued his former business partner, Galderma Laboratories L.P. (“Galderma”), alleging that its use of the trademark “Restoraderm” constitutes trademark infringement, false advertising, unfai... More...
$0 (02-26-2019 - PA)In re: MCGRAW-HILL GLOBAL EDUCATION HOLDINGS LLC
<center><br> <img width="300" src="http://www.paed.uscourts.gov/graphics/active/ByrneSmall.jpg"><br> </center><br> These consolidated mandamus petitions require us to decide whether two professional photographers bringing separate copyright infringement actions are bound by a forum selection clause in contracts they did not<br> 4<br> sign. We conclude that the photographers are not bound because t... More...
$0 (11-23-2018 - PA)Joel Doe, et al. v. Boyertown Area School District, et al.
This appeal requires us to decide whether the District Court correctly refused to enjoin the defendant School District from allowing transgender students to use bathrooms and locker rooms that are consistent with the students’ gender identities as opposed to the sex they were determined to have at birth. The plaintiffs—a group of high school students who identify as being the same sex they wer... More...
$0 (08-02-2018 - PA)Joel Doe v. Boyertown Area School District, et al.
This appeal requires us to decide whether the District Court correctly refused to enjoin the defendant School District from allowing transgender students to use bathrooms and locker rooms that are consistent with the students’ gender identities as opposed to the sex they were determined to have at birth. The plaintiffs—a group of high school students who identify as being the same sex they wer... More...
$0 (06-22-2018 - PA)Roger Vanderklok v. United States of America
Roger Vanderklok wanted to fly from Philadelphia to<br> Miami, where he intended to run a half-marathon. In his<br> carry-on luggage, he had a heart monitor and watch stored<br> inside a piece of PVC pipe that was capped on both ends.<br> During screening at the airport security checkpoint, the pipe<br> and electronics prompted secondary screening, supervised by<br> Transportation Security Adminis... More...
$0 (08-23-2017 - PA)Parks, LLC v. Tyson Foods, Inc.; Hillshire Brands Company
This case concerns a trademark that once enjoyed widespread recognition but has since grown considerably weaker. Since the 1950s, Parks Sausage Company has manufactured or licensed sausage under the brand name “PARKS.”1 At one point, PARKS was placed on the Principal Register of trademarks at the United States Patent and Trademark Office (“USPTO”), but, sometime in the early 2000s, Parks f... More...
$0 (07-24-2017 - PA)Commonwealth of Pennsylvania v. Mark A. Haynes, David M. Whitcomb and Daniel H. Graff
York, PA - The Commonwealth of Pennsylvania charged Mark A. Haynes, David M. Whitcomb and Daniel H. Graff official oppression in violation of 18 P.S. 903, conspiracy in violation of 18 P.S. 5301 and harassment in violation of 18 P.S. 2709 claiming that they defendants county prison guards staged fights between inmates as part of a "Fight Club" that pitted inmates against one another. The State cla... More...
$0 (01-08-2016 - PA)Sheldon Stephens v. Kevin Clash
Plaintiff Sheldon Stephens appeals the dismissal of his claims against Defendant Kevin Clash for injuries resulting from the parties’ sexual relationship while Stephens was underage, in violation of 18 U.S.C. § 2422, 18 U.S.C. § 2423, and state law. The District Court dismissed Stephens’s claims as untimely. For the reasons that follow, we will affirm.<br> I.<br> Because the District Court d... More...
$0 (08-05-2015 - PA)PG Publishing Company v. Carol Aichele
The instant case calls upon us to decide whether a state statute restricting access to a polling place infringes on the media"s First Amendment right to gather news. Appellant PG Publishing Company ("Appellant†or "PGâ€) seeks review of the District Court"s decision to dismiss its suit against election officials for the Commonwealth of Pennsylvania. Specifically, Appellant alleges viola... More...
$0 (01-16-2013 - PA)Carnegie Mellon University v. Marvell Technology Group, Ltd.
Carnegie Mellon University sued Marvell Technology Group, Ltd. and Marvell Semiconductor, Inc. on patent infringement theories claiming that the Defendants willfully infringed patents held by the Plaintiff for mobile cell phone technologies. Carnegie Mellon sought $1.169 billion in damages.<br><br>The following is a statement from Carnegie Mellon University in Pittsburgh regarding today's jury v... More...
$1170000000 (12-29-2012 - PA)Paulette Cassel-Hess v. Norman K. Hoffer
Appellant, Paulette Cassel-Hess, appeals from the order entered on March 29, 2011, granting summary judgment to Norman K. Hoffer and Matthew D. Hoffer, d/b/a 4507 Associates (collectively "Appelleesâ€). We affirm in part, vacate in part, and remand.<br><br>On October 9, 2009, Appellant instituted the current action by filing a complaint against Appellees. As averred within the complaint, Appe... More...
$0 (05-07-2012 - PA)William A. Graham Company v. Thomas P. Haughey
Defendants Thomas Haughey and USI MidAtlantic, Inc. appeal a second time from a judgment entered against them in the Eastern District of Pennsylvania. (Our earlier decision, to which we will refer as Graham I, is reported at 568 F.3d 425 (3d Cir. 2009).) A jury found Haughey and USI liable for surreptitiously infringing the William A. Graham Company's copyrights over the course of more than a deca... More...
$0 (05-16-2011 - PA)Comaper Corporation v. Antec, Inc. and Best Buy Co., Inc.
Antec, Inc. ("Antecâ€) appeals from a final judgment of the United States District Court for the Eastern District of Pennsylvania. A jury found that Antec had willfully infringed claims 1, 2, 7, 12, and 13 of U.S. Patent No. 5,955,955 ("the '955 patentâ€), owned by Comaper Corp. ("Comaperâ€), and that independent claims 1 and 12 of the patent were not invalid as obvious. However, th... More...
$0 (03-02-2010 - PA)American Eagle Outfitters v. Lyle & Scott, Ltd.
This is a contract case arising from the parties' efforts to resolve a dispute over their use of similar trademarks in their respective clothing lines. To work out an acceptable business arrangement, representatives of American Eagle Outfitters ("American Eagle†or "AEâ€) and Lyle and Scott, Ltd. ("Lyle & Scott†or "LSâ€) met in London in January 2006. During this meeting, th... More...
$0 (09-11-2009 - PA)William A. Graham Company d/b/a The Graham Company v. Thomas P. Haughey; USI Midatlantic, Inc.
We face an issue of first impression for this court–whether the discovery rule or the injury rule governs the accrual of claims under the Copyright Act, which has a threeyear statute of limitations for civil actions, 17 U.S.C. § 507(b).<br> <br> Under the injury rule, a claim accrues, and the statute of limitations begins to run, when the plaintiff suffers a legally cognizable injury. Th... More...
$0 (06-05-2009 - PA)University of Pittsburgh v. Varian Medical Systems, Inc.
The University of Pittsburgh ("Pittâ€) appeals the final judgment of the United States District Court for the Western District of Pennsylvania dismissing with prejudice its patent infringement action for lack of standing. Judgment, Univ. of Pittsburgh v. Varian Med. Sys., Inc., No.07-CV-0491 (W.D. Penn. June 16, 2008). Varian Medical Systems, Inc. ("Varianâ€) cross appeals the district c... More...
$0 (06-09-2009 - PA)Acumed, LLC; Surgical Resources of Pennsylvania, Inc. v. Advanced Surgical Services, Inc.; Robert Morris
This matter comes on before this Court on an appeal from a final order entered in the District Court on May 21, 2007, accompanying an opinion dated May 18, 2007, as well as from a separate judgment for compensatory and punitive damages in this case involving claims and counterclaims among parties in the surgical implant business. See Acumed LLC v. Advanced Surgical Servs., Inc., Civ. No. 05-2711, ... More...
$0 (03-23-2009 - PA)Township of Exeter v. Zoning Hearing Board of Exeter Township and Land Displays, Inc.
In this appeal, we consider a challenge to the substantive validity of a local zoning ordinance that prohibits signs from exceeding a size of 25 square feet. For the reasons that follow, we conclude that the Zoning Hearing Board of Exeter Township ("Boardâ€) did not err in determining that ordinance is a de facto exclusion of billboards. Accordingly, we reverse the order of the Commonwealth C... More...
$0 (01-22-2009 - PA)John Facenda, Jr., etc. v. N.F.L. Films, Inc., The National Football League; N.F.L. Properties, LLC
John Facenda, a Philadelphia broadcasting legend, provided his voice to many productions of NFL Films, Inc. before his death in 1984. These well-known productions recounted tales of the National Football League with filmed highlights, background music, and Facenda's commanding narration. More than two decades after Facenda's death, NFL Films used small portions of his voice-over work in a cabletel... More...
$0 (09-11-2008 - PA)Kehm Oil Company, et al. v. Texaco, Inc., et al.
Kehm Oil and Golden Oil (collectively, "Kehmâ€), owned by George Kehm, were dealers of Texaco-branded gasoline in Western Pennsylvania for 44 years, owning 28 Texaco gas stations by the end of the relationship. Over that period of time, Kehm entered into franchise agreements with various distinct Texacoowned entities, including Motiva Enterprises, LLC ("Motivaâ€).<br><br>Motiva, which wa... More...
$0 (08-03-2008 - PA)Thomas A. McElwee & Son, Inc. and John McElwee v. Southeastern Pennsylvania Transportation Authority, A/K/A SEPTA
Appellee, John McElwee ("McElwee"), owned and operated a printing business, Thomas A. McElwee & Son, Inc., on the 6200 block of Market Street in West Philadelphia. The business had existed in that location since the 1950s, and McElwee had taken over management of it from his father, Thomas McElwee, in 1998, although the latter stayed on as a part-time employee. Also in 1998, Appellant, Southea... More...
$0 (06-02-2008 - PA)Jessica Wilkerson v. New Media Technology Charter School, Inc. t/d/b/a New Media Technology Charter School
* * * New Media Technology Charter School, Inc. ("New Media") employed Jessica Wilkerson by letter dated March 4, 2005, "as an ‘advisor' (essentially a teacher) during the spring 2005 school year." App. at 65. When she applied for the position, Wilkerson disclosed to New Media her "Christian ministry activities," and New Media was aware of her "Christian faith." App. at 65. <P> In May 20... More...
$0 (04-14-2008 - PA)McNeil Nutritionals, LLC v. Heartland Sweeteners, LLC, et al.
<P> This appeal requires us to decide when the trade dress on the packaging of store-brand products is so similar to that of directly competing national-brand products as to create a likelihood of confusion among consumers. The plaintiffappellant McNeil Nutritionals, LLC (McNeil) sells and markets Splenda, a highly successful national brand of sucralose, an artificial sweetener. The defenda... More...
$0 (12-24-2007 - PA)AgriZap Inc. v. Woodstream Corp.
<P>AgriZap Inc. sued Woodstream Corp. on a patent infringement theory claiming that Defendant wrongfully used technology invented by Plaintiff to manufacture and sell a version of Plaintiff's rodent-killing gadget dubbed the Rat Zapper. The Rat Zapper is a milk-carton-sized device that electrocutes mice and rats. It uses four AA batteries to deliver a lethal dose of electricity to critters lured i... More...
$2700000 (03-13-2007 - PA)Constar International Inc. v. Continental PET Technologies, Inc.
<P>Constar International Inc. (NASDAQ:CNST) announced today that it has settled its Oxbar(R) patent infringement action against Continental PET Technologies, Inc. Constar was paid $25.1 million, which will be applied to Constar's revolving loan facility. In addition, Constar has granted Continental PET Technologies, Inc. and its former parent company, Owens-Illinois, Inc., global licenses to multi... More...
$25100000 (11-02-2004 - PA)<a href="http://www.ca3.uscourts.gov/opinarch/013858o.pdf" target="_new">Marsha Otto, et al. v. Pennsylvania State Education Association-NEA National Education Association, et al.</a>
<P>The First Amendment affords public-sector employees the freedom not to associate with a labor organization. See Chicago Teachers Union, Local No. 1 v. Hudson, 475 U.S. 292, 301 (1986) (quoting Abood v. Detroit Bd. of Educ., 431 U.S. 209, 222 (1977)). There are limits to this constitutional freedom, however, in light of organized labor's important role in advancing employment conditions. A... More...
$0 (05-13-2003 - PA)<a href="http://www.ca3.uscourts.gov/opinions/021243p.pdf" target="_new">Southco, Inc. v. Kanebridge Corporation</a>
<P>Southco, Inc., filed a complaint alleging that Kanebridge Corp. had violated Southco's copyright and trademark, and engaged in unfair competition, by reprinting the product numbers Southco uses to describe its captive screw fasteners. Southco sought a preliminary injunction on its copyright cause of action, which the District Court granted. Kanebridge appealed and we reversed the prelimi... More...
$0 (03-31-2003 - PA)<a href="http://www.ca3.uscourts.gov/opinions/001368p1.pdf" target="_new">LePage's Incorporated, et al. v. 3M (Minnesota Mining and Manufacturing Company), et al.</a>
Minnesota Mining and Manufacturing Company ("3M") appeals from the District Court's order entered March 14, 2000, declining to overturn the jury's verdict for LePage's in its suit against 3M under Section 2 of the Sherman Act ("§ 2"). 3M raises various objections to the trial court's decision but essentially its position is a legal one: it contends that a plaintiff cannot succeed in a § 2 ... More...
$68486697 (03-25-2003 - PA)SESAC, Inc. v. WPNT, Inc.
Copyright infringement claims by SESAC, a music performing artist rights organization, against radio station WPNT for failing to obtain licenses for the music played by the station.... More...
$1263000 (12-13-2002 - PA)<a href="http://www.ca3.uscourts.gov/opinions/012456.pdf" target="_new">Betterbox Communications, Ltd. v. BB Technologies, Inc.; Black Box Corporation</a>
This is an appeal in a declaratory judgment action commenced by Betterbox Communications, Ltd. ("Betterbox"), against Black Box Corporation ("Black Box") and a wholly owned subsidiary. Betterbox and Black Box sell competing computer-related products through catalog marketing. In 1995, Betterbox, a British company, applied to the United States Patent and Trademark Office ("PTO") ... More...
$0 (08-15-2002 - PA)<a href="http://www.ca3.uscourts.gov/opinions/013234.pdf" target="_new">Charmaine Brown, et al. v. Commonwealth of Pennsylvania Department of Health Emergency Services Training Institute, et al.</a>
Shacquiel Douglas, the one-year-old son of Appellants Charmaine Brown and Oral Douglas, was at the residence of Angela Morris, his maternal aunt. While there, Shacquiel choked on a grape. Morris dialed "911" at 11:06:22 a.m. and informed the operator that her nephew was choking on a grape. The 911 operator called Appellees Mark Stewart and John Caffey, who were emergency medical ... More...
$0 (08-09-2002 - PA)Sightsound.com, Inc. v. N2K, Inc., et al.
Patent infringement action filed by holder of three patents which, as described by the plaintiff, were directed to commercially-acceptable systems and methods for selling music and video in digital form over telecommunications lines. SightSound accused N2K, Inc., CDnow, Inc. and CDNow Online, Inc. of infringing multiple claims of U.S.Patent Nos. 5,191,573 and 5,966,440 through the practice of dow... More...
$0 (02-08-2002 - PA)Paul Morelli v. Tiffany & Co.
Copyright infringement claim by jewelry designer who claimed that Tiffany & Co. used his designs for rings, pendents & bracelets without his permission and in violation of this copyright. Paul Morelli sought $45 million in damages. Morelli sought an injunction to prevent Tiffany from selling its popular "Etoile" line of jewelry.<P> Tiffany & Co. denied wrongdoing and pointed out that the Copyrig... More...
$0 (02-19-2002 - PA)<a href="http://www.ca3.uscourts.gov/recentop/day/003283mo.txt" target="_new">Epcon Group, Inc. v. Danburry Farms, Inc., et al.</a>
In 1986, Edward Bacome and Philip Fankhauser, the principals of the Epcon Group, Inc. and Epmark, Inc., Ohio corporations, began designing architectural plans for ranch-style four-plex condominiums. In the late 1980's, Epcon developed several projects in Ohio based on their plans, including projects known as Deer Run, Greystone Manor, Bayberry and Trotters Chase. Epcon then licensed its dev... More...
$200000 (02-06-2002 - PA)<a href="http://www.ca3.uscourts.gov/recentop/day/002473.txt" target="_new">E. Marvin Herr v. Pequea Township, et al.</a>
E. Marvin Herr, a land developer, appeals the grant of summary judgment to Pequea Township ("Township") and its three supervisors, Virginia Brady, Bruce Groff, and Martin Hughes (collectively, "defendants"), in this civil rights action. Herr alleges that his right to substantive due process was violated by an eleven year campaign of the Township and its officers to delay and obstruct his de... More...
$0 (12-12-2001 - PA)