Shutts & Bowen, LLP

Shutts & Bowen, LLP Blogs

Latest from Shutts & Bowen, LLP

Yes, with some reluctance.3M, the well-known manufacturer of n95 masks, has filed a number of lawsuits throughout the country asserting trademark claims against defendants who are offering to sell to the government and others “3M” masks at extremely elevated prices. 
Continue Reading Does the COVID Crisis Warrant Ex Parte Relief to Address Price Gouging under Trademark Theories?

No.Blue Water Dynamics, LLC has sued Anthony Kalil for copyright infringement, but Blue Water is having difficulty serving Kalil.  According to Plaintiff, its process server made 3 attempts to serve Kalil in March, 2020, and Defendant either was not home
Continue Reading Does a State Judicial District’s COVID19 Administrative Order Justify Alternative Service of Process?

Yes.Pierce Manufacturing secured a preliminary injunction prohibiting E-One from selling its Metro 100 single rear axle quint.  That preliminary injunction prohibits E-One from selling the Metro 100 during the pendency of the patent infringement litigation Pierce Manufacturing is pursuing against
Continue Reading Does the COVID19 Crisis Warrant Relief from a Preliminary Injunction Related to Fire Engines?

Not necessarily.Advanced Screenworks, LLC sued Gold Star Ventures and its owner for alleged infringement of U.S. Patent 8,146,647 for “Screen Clipping System and Clips Therefor.”   Advanced alleges that Gold Star infringes the ‘647 Patent by:making, using, offering to sell, and
Continue Reading Is Identifying An Allegedly Infringed Claim Sufficient To Survive Dismissal?

No.Erbaviva, LLC, a California LLC, sent a demand letter to Era Organics, a Florida company.  The letter identified a number of Erbaviva federal trademark registrations, and “request[ed]” Era Organics:

  • Request the USPTO expressly abandon certain Era Organics trademark registrations;
  • Permanently

  • Continue Reading Do You Need To Threaten Litigation To Trigger Declaratory Judgment Subject Matter Jurisdiction?

    No.Micro Processing Technology, Inc. sent a letter to Plasma-Therm alleging that Plasma-Therm was infringing MPT’s patent.  Plasma-Therm filed a declaratory judgment action seeking a declaration that it did not infringe.  Six months into the litigation, MPT served preliminary infringement contentions,
    Continue Reading Are the Pleading Standards for Method Claims More Rigorous in the Context of Rule 11?