Cecilia Choy

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Articles

Ninth Circuit Rules Corporate Equity Isn't a Trademark "Good" or

Jan 16, 2025 | natlawreview.com | Cecilia Choy

The US Court of Appeals for the Ninth Circuit affirmed a district court’s decision that, in terms of trademark use in commerce, corporate equity is not a “good” or “service” under the Lanham Act. LegalForce RAPC Worldwide, PC v. LegalForce, Inc., Case No. 23-2855 (9th Cir. Dec. 27, 2024) (Thomas, Wardlaw, Collins, JJ.) (Collins, J., concurring). LegalForce RAPC Worldwide is a California corporation that operates legal services websites and owns the US mark LEGALFORCE.
Battle Of The Bay: It's Oakland Airport, Not San Francisco Bay Oakland International Airport

Dec 9, 2024 | mondaq.com | Cecilia Choy

The US District Court for the Northern District of California granted the city and county of San Francisco a preliminary injunction enjoining the Port of Oakland from using the name or trademark "San Francisco Bay Oakland Airport" based on the strength of San Francisco's mark and the proximity of goods and services. City and County of San Francisco v. City of Oakland, Case No. 3:24-cv-02311-TSH (N.D. Cal. Nov.
Battle of the Bay: It’s Oakland Airport, Not San Francisco Bay Oakland International Airport

Dec 5, 2024 | natlawreview.com | Cecilia Choy

The US District Court for the Northern District of California granted the city and county of San Francisco a preliminary injunction enjoining the Port of Oakland from using the name or trademark “San Francisco Bay Oakland Airport” based on the strength of San Francisco’s mark and the proximity of goods and services. City and County of San Francisco v. City of Oakland, Case No. 3:24-cv-02311-TSH (N.D. Cal. Nov.
Jurisdiction “Found”: Navigating E-Commerce Boundaries in Copyright Disputes

Oct 24, 2024 | natlawreview.com | Cecilia Choy

In a copyright case, the US Court of Appeals for the Tenth Circuit determined that the district court had jurisdiction over two Chinese companies that consented to jurisdiction in any judicial district in which a third-party e-commerce company could be “found.” The Tenth Circuit concluded that whether an e-commerce company is “found” in a district for purposes of jurisdiction is determined based on whether its officers or agents carry out the company’s business there, not on the manner in...
Jurisdiction “Found”: Navigating E-Commerce Boundaries in Copyright Disputes

Oct 24, 2024 | lexology.com | Cecilia Choy

In a copyright case, the US Court of Appeals for the Tenth Circuit determined that the district court had jurisdiction over two Chinese companies that consented to jurisdiction in any judicial district in which a third-party e-commerce company could be “found.” The Tenth Circuit concluded that whether an e-commerce company is “found” in a district for purposes of jurisdiction is determined based on whether its officers or agents carry out the company’s business there, not on the manner in...
Stay Focused: New Point Of View Of Patent Eligibility

Sep 22, 2024 | mondaq.com | Cecilia Choy

The US Court of Appeals for the Federal Circuit reversed and remanded a district court's decision that the asserted claims were patent ineligible under 35 U.S.C. § 101, finding that the district court improperly characterized the claims at an "impermissibly high level of generality." Contour IP Holding LLC v. GoPro, Inc., Case Nos. 22-1654; -1691 (Fed. Cir. Sept. 9, 2024) (Prost, Schall, Reyna, JJ.) Contour owns two patents related to portable point-of-view (POV) video cameras.
Federal Circuit Reverses Patent Ineligibility in Contour vs GoPro

Sep 19, 2024 | natlawreview.com | Cecilia Choy

The US Court of Appeals for the Federal Circuit reversed and remanded a district court’s decision that the asserted claims were patent ineligible under 35 U.S.C. § 101, finding that the district court improperly characterized the claims at an “impermissibly high level of generality.” Contour IP Holding LLC v. GoPro, Inc., Case Nos. 22-1654; -1691 (Fed. Cir. Sept. 9, 2024) (Prost, Schall, Reyna, JJ.)Contour owns two patents related to portable point-of-view (POV) video cameras.
Arguing Internet Availability to Establish Copyright Infringement Is Bananas

Aug 29, 2024 | natlawreview.com | Cecilia Choy

In an unpublished opinion, the US Court of Appeals for the Eleventh Circuit affirmed a district court’s decision finding that a pro se Californian artist failed to establish that an Italian artist had reasonable opportunity to access the copyrighted work simply because it was available to view on the internet. Morford v. Cattelan, Case No. 23-12263 (11th Cir. Aug. 16, 2024) (Jordan, Pryor, Branch, JJ.) (per curiam).
Federal Circuit Applies Alice/Mayo Framework in Remote Gambling C

Jul 18, 2024 | natlawreview.com | Cecilia Choy

Skip to main content July 18, 2024 Volume XIV, Number 200 Legal Analysis. Expertly Written. Quickly Found.
House Rules: Remote Gambling Activity Claims Go Bust

Jul 18, 2024 | lexology.com | Cecilia Choy

The US Court of Appeals for the Federal Circuit applied the Alice/Mayo framework to assess whether claims directed to remote gambling were patent eligible under 35 U.S.C. § 101 and determined that the claims were directed to a patent-ineligible abstract idea and did not otherwise recite an inventive concept. Beteiro, LLC v. DraftKings Inc., Case Nos. 22-2275; -2277; -2278; -2279; -2281; -2283 (Fed. Cir.