Eversheds Sutherland 11th Circuit Business Blog
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Eleventh Circuit Digs Deep to Revive SCAD Trademark Suit

In an October 3, 2017, opinion, a panel of the Eleventh Circuit reversed the Northern District of Georgia’s grant of summary judgment for the defendant in a trademark-infringement suit brought by Savannah College of Art and Design (SCAD).  In Savannah College of Art and Design, Inc. v. Sportswear, Inc., 2017 WL 4369451, the court held that the district court erred in concluding that...

ELEVENTH CIRCUIT WEIGHS IN ON CIRCUIT SPLIT DEFINING COPYRIGHT REGISTRATION

Registration of a copyright is a precondition to a suit for copyright infringement. The Eleventh Circuit joined the minority of circuits to have addressed whether registration occurs when an owner files an application to register the copyright or when the Register of Copyrights registers the copyright in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, 2017 WL 2191243 (11th...

Fee Awards – Maybe an Art; Not a Science

In Yellow Pages Photos, Inc. v. Ziplocal, LP, 2017 WL 343520 (11th Cir. Jan. 24, 2017), the Eleventh Circuit reversed a district court’s decision to use a mathematical formula to award costs and fees in proportion to the degree of success in litigation of the underlying claims.  Yellow Pages Photos, Inc. (“YPPI”) and Ziplocal entered into an agreement to purchase a license to use...

Trademark Plaintiff Waited Too Long to Douse the Fire

When an opinion opens with “the plaintiff pursued its preliminary-injunction motion with the urgency of someone out on a meandering evening stroll rather than someone in a race against time,” there isn’t much suspense about who’s going to win and why, and the court did indeed affirm the denial of preliminary injunctive relief in Wreal, LLC v. Amazon.com, Inc., 2016 WL 6310784 (11th...

Trademark Battle SCARs Between Assault Rifle Makers

A trademark dispute between assault rifle makers turned on whether promotional activities associated with an unregistered mark having no public sales are sufficient to establish prior analogous use, and whether that mark could acquire distinctiveness through secondary meaning based at least in part on these promotional activities. FN Herstal SA v. Clyde Armory Inc., 2016 WL 5390341...

The Turtles and Sirius XM Radio: Not So “Happy Together” as Eleventh Circuit Certifies Questions of Common Law Copyright to Supreme Court of Florida

In a June 29, 2016 opinion, the Eleventh Circuit examined the question of whether common law copyright under Florida law protects sound recordings fixed prior to February 15, 1972. The opinion in Flo & Eddie, Inc. v. Sirius XM Radio, Inc., 2016 WL 3546433 (11th Cir. June 29, 2016), written by Judge R. Lanier Anderson III, concluded that no Florida court decisions had yet addressed...