Recently, the Fifth District Court of Appeal delivered a decision that will affect how parties obtain a temporary injunction from the trial court after a default judgment. In Howell et al. v. Orange Lake Country Club, Inc., the trial court granted a default judgment against the defendants after striking their pleadings. After the default judgment, […]
Widerman Malek Law Blog
Why Dumb Starbucks Made A Dumb Trademark Move
When the Dumb Starbucks store showed up late last week in Los Angeles, there was a lot of media attention on it. One defense that I heard in the media was that it was a parody of a Starbucks store and, therefore, it was probably ok. That’s not exactly the case.
Irreparable Injury: Lost Market Share
By: Tyler Hampy Pursuant to the well-established principles of equity, a patentee seeking an injunction against an infringer must satisfy a four-factor test before a court may grant such relief. The patentee must demonstrate: (1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate […]
Trade Dress Protection
Traditionally, trade dress was limited to the overall appearance of labels, wrappers, and containers used in packaging a product. However, over a period of years, the traditional definition expanded beyond packages and containers to include the total look of a product. Today, the total look includes the packaging, as well as the design, shape, size, […]
