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Defendant Sails to Victory in Trade Secret Case

In Yellowfin Yachts, Inc. v. Barker Boatworks, LLC, 2018 WL 3734344 (11th Cir. Aug. 7, 2018), the Eleventh Circuit upheld the dismissal of trade-secret claims related to the manufacture and sale of fishing boats.  Yellowfin Yachts is a manufacturer of high-end fishing boats, allegedly known in the marketplace for the “swept sheer line” of their boats. Yellowfin hired Kevin Barker in...

Foreign Companies Can Acquire U.S. Trademark Rights without Direct Sales to Consumers

Direct Niche, LLC v. Via Varejo S/A, 2018 WL 3687868 (11th Cir. Aug. 3, 2018), emphasizes that foreign companies can acquire trademark and service mark rights in the United States even without selling products directly to consumers domestically.  Instead, contracts with third parties and publication of the mark are sufficient to confer rights.  The Eleventh Circuit recently reaffirmed...

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...

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