Apple Inc. (AAPL)’s chances of defeating a 1.57 billion-euro ($2.2 billion) lawsuit in Germany depend on whether an IPCom GmbH patent protects a technology using one or three bits for coding software used in wireless networks.
IPCom will win only if it convinces the court the patent isn’t limited to technology using just one bit for coding information, Presiding Judge Holger Kircher said yesterday at a hearing in Mannheim, Germany.
The case is LG Mannheim, 2 O 52/12.
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Overstock Overreached in Trademark Complaint, NoMoreRack Claims
Overstock.com Inc., an online discount retailer, overreached when it accused competitor NoMoreRack.com Inc. of trademark infringement, NoMoreRack.com said in a court filing.
Overstock sued New York-based NoMoreRack in federal court in Utah in December 2013, saying its use of “overstock” in Internet ads constituted trademark infringement.
NoMoreRack said in an answer to the complaint that its use of the term was innocent and in good faith, and that Salt Lake City-based Overstock waited too long to bring a claim.
A pretrial conference is set for March 12.
The case is Overstock.com Inc. (OSTK) v. NoMoreRack.com Inc., 2:13-cv-01095, U.S. District Court, District of Utah.
Victoria’s Secret Seeks to Cancel ‘The Pink Store’ Mark
L Brands Inc. (LB)’s Victoria’s Secret unit asked the U.S. Patent and Trademark Office to cancel the registration of a mark belonging to a Nebraska retail store.
Victoria’s Secret is objecting to “The Pink Store,” a trademark registered to a Nebraska resident in May 2013. The lingerie chain claimed the phrase might cause confusion with its trademarks that use the word “pink.”
Nike’s ‘Finish Strong’ Challenged by Motivational Products Firm
Nike Inc., the maker of athletic shoes and clothing, was sued for trademark infringement by an Illinois company specializing in motivational products.
Finish Strong LLC said in a complaint filed Feb. 10 in federal court in Chicago that it’s harmed by Beaverton, Oregon-based Nike’s “Finish Strong Running Collection.”
According to the database of the U.S. Patent and Trademark Office, Naperville, Illinois-based Finish Strong registered its name as a trademark for use on clothing in October 1998. The company has additional registrations for the mark for a variety of other goods.
The company is seeking a court order barring Nike’s further use of “Finish Strong,” together with money damages, profits derived from the alleged infringement and awards of attorney fees and litigation costs.
Nike declined to comment on the suit, Mary Remuzzi, a company spokeswoman, said in an e-mail.
The case is Finish Strong LLC v. Nike Inc. (NKE), 1:14-cv-00896, U.S. District Court, Northern District of Illinois (Chicago).
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Almost Amish Claims It Owns ‘Light in The Valley’ Quilt Pattern
Almost Amish, a shop in Lampeter, Pennsylvania, that sells goods made by members of the Amish community, sent cease-and-desist letters to shops telling them they can’t sell quilts made to one particular design, LancasterOnline reported.
Zemfira Says Olympics Opening Used Her Song Without Permission
When confronted with her accusation, Konstantin Ernst, who directed the ceremony, said in a radio interview Feb. 10 that in the past he had done a lot for her career and dismissed her copyright-infringement claims as “pettiness,” according to the New Republic.
Dan Wilson Homes Heads Off Architect’s Infringement Claims
Dan Wilson Homes Inc., a homebuilder based in Lubbock, Texas, defeated an architect’s copyright infringement claims.
Marshall Hunn of Lubbock sued the company in federal court in Texas in May 2012, claiming he owned the copyrights to the plans for several homes Dan Wilson built.
The case is Hunn v. Dan Wilson Homes Inc., 12-cv-00081, U.S. District Court, Northern District of Texas (Lubbock).
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To contact the editor responsible for this story: Michael Hytha at firstname.lastname@example.org.