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Copyrights and Trademarks

Motion to Transfer Granted

June 29, 2022June 29, 2022 msmithCopyrights and Trademarks, EDTEXWEBLOG, EDTX IP, Judge Amos L. Mazzant III, Sherman, TEXIPLAWBLOG, Venue


Judge Mazzant granted this motion to transfer in a trademark / trade dress case.

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Dismissal of Bouncy-House Defendant

June 24, 2022June 24, 2022 msmithCopyrights and Trademarks, Motions to Dismiss, Personal Jurisdiction, SDTX, TEXIPLAWBLOG, Venue


This case arises out of a bouncy-house franchise.  In my experience, kids liked the Star Trek theme for the party more than they did the bouncy house.

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FRCP 50(a) JMOL Granted

June 23, 2022June 23, 2022 msmithCopyrights and Trademarks, JMOL rulings, TEXIPLAWBLOG, WDTX, WDTX - Austin

Calm down, it’s a trademark case in Austin.  But I’m serious about the 50(a) part.

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Motion To Dismiss Granted

June 21, 2022June 21, 2022 msmithCopyrights and Trademarks, EDTEXWEBLOG, EDTX IP, Judge Robert W. Schroeder III, Motions to Dismiss, Texarkana, TEXIPLAWBLOG

This order gets into the weeds on copyright in this case involving a comic book storyline alleged to be copied by “The Umbrella Academy”.

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Last Chord in Guitar Fight

May 31, 2022May 31, 2022 msmithCopyrights and Trademarks, EDTEXWEBLOG, EDTX IP, Judge Amos L. Mazzant III, Sherman, TEXIPLAWBLOG, Verdicts

A Sherman jury in Judge Mazzant’s counter answered a 22 question verdict form Friday in this trademark-plus case before leaving for the holiday weekend.

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Limine Rulings & Limine Mulligans

May 25, 2022May 24, 2022 msmithCopyrights and Trademarks, EDTEXWEBLOG, EDTX IP, Judge Amos L. Mazzant III, Limine Motions, Sherman, TEXIPLAWBLOG

First the ruling.  Judge Mazzant precluded certain evidence and arguments related to certain third-party advertisements and sales.

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Third Round of Summary Judgment Motions in Trademark Case

May 20, 2022 msmithCopyrights and Trademarks, SDTX, Summary Judgment, TEXIPLAWBLOG

When the court notes that the parties were on their third round of summary judgment motions, you know someone’s really not happy.

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Copyright Case Fees

May 20, 2022May 20, 2022 msmithAttorney Fees, Copyrights and Trademarks, NDTX, TEXIPLAWBLOG

The court awarded fees to the defendant in this copyright case, then had to determine how to apportion them.

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TRO and Preliminary Injunction Granted

April 25, 2022April 25, 2022 msmithCopyrights and Trademarks, Injunctive Relief, TEXIPLAWBLOG, WDTX, WDTX - Austin

First day back in the office after seeing sights like this for a couple of weeks. Somewhat less interesting, although possibly as rare is this order granting the request in this case involving counterfeit goods in a trademark and copyright infringement case.

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Summary Judgment And Spoliation In Trademark Case

March 24, 2022March 24, 2022 msmithCopyrights and Trademarks, Sanctions, SDTX, Summary Judgment, TEXIPLAWBLOG

Everything was denied, that doesn’t mean it isn’t interesting.

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Welcome!

This weblog focuses on two things: (1) practice in the U.S. District Court for the Eastern District of Texas; and (2) intellectual property litigation in all Texas federal courts, with special emphasis on patent litigation.

Author

Michael C. Smith Biography EDTexweblog.com is published by Michael C. Smith, the partner in charge of the Marshall office of Scheef & Stone, LLP, where he specializes in complex commercial and patent litigation in federal court. Michael has appeared in over 900 civil cases in the Eastern District of Texas, is a past chair of the district's local rules committee and bar association, and frequently assists clients with preparing and trying cases in the district's courts. He has edited O'Connor's Federal Rules * Civil Trials for the past 20 years, and writes and speaks frequently on civil procedure, litigation in federal courts, and law office management.
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