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The Electronic System for Trademark Trials and Appeals (ESTTA) is the electronic filing system for legal proceedings at the United States Trademark Trial and Appeal Board. ESTTA provides forms for routine filings like consent motions and requests for an extension of time to oppose a mark. Parties can also upload digital copies of various types of pleadings and motions.
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons that the filing party or parties believes are sufficient to support a claim against the party or parties against whom the claim is brought that entitles the plaintiff(s) to a remedy. For example, the Federal Rules of Civil Procedure (FRCP) that govern civil litigation in United States courts provide that a civil action is commenced with the filing or service of a pleading called a complaint. Civil court rules in states that have incorporated the Federal Rules of Civil Procedure use the same term for the same pleading.
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff demands a legal or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.
The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that issues patents to inventors and businesses for their inventions, and trademark registration for product and intellectual property identification.
In law, a summary judgment is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of success and there is no other compelling reason why the case or issue should be disposed of at a trial."
In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion may be called the moving party, or may simply be the movant. The party opposing the motion is the nonmoving party or nonmovant.
In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case. Such a motion is proposed by a party who is dissatisfied with the result of a case. Motions may be made at any time after entry of judgment, and in some circumstances years after the case has been closed by the courts. Generally the motion cannot be based on grounds which were previously considered when deciding a motion for new trial or on an appeal of the judgment, thus the motion can only be granted in unusual circumstances, such as when the judgment was procured by fraud which could not have been discovered at the time of the trial, or if the court entering the judgment lacked the jurisdiction to do so.
The Uniform Task-Based Management System (UTBMS) is a set of codes designed to standardize categorization and facilitate analysis of legal work and expenses. UTBMS was produced through a collaborative effort among the American Bar Association Section of Litigation, the American Corporate Counsel Association, and a group of major corporate clients and law firms coordinated and supported by Price Waterhouse LLP. UTBMS codes are now maintained and developed by the Legal Electronic Data Exchange Standard (LEDES) Oversight Committee.
The Freecycle Network is a private, nonprofit organization registered in Arizona and is a charity in the United Kingdom. TFN coordinates a worldwide network of "gifting" groups to divert reusable goods from landfills. The network provides a worldwide online registry, organizing the creation of local groups and forums for individuals and nonprofits to offer free items for reuse or recycling and to promote a gift economy. In contrast, although flea markets and swap meets also contribute to the 3 R's, they involve mainly buying and selling or bartering rather than gifting.
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has seven months to veto the rules promulgated or they become part of the FRCP. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body.
Leo D. Stoller is an American self-styled "intellectual property entrepreneur" based in suburban Chicago, Illinois. Stoller claimed rights to a large inventory of well-known trademarks and engaged in the assertive enforcement of those alleged trademark rights, threatening infringement action against people and companies who attempt to use similar marks.
The Trademark Trial and Appeal Board (TTAB) is an administrative tribunal within the United States Patent and Trademark Office (USPTO). The TTAB is empowered to determine only the right to register a trademark. It has no authority to determine the right to use one, nor broader questions of infringement, unfair competition, damages or injunctive relief. The TTAB decides ex parte appeals from decisions by USPTO Examiners denying registration of marks, and inter partes proceedings challenging the registration of marks. Decisions of the TTAB may be appealed to a United States district court, or to the United States Court of Appeals for the Federal Circuit.
The Supreme Court of Delaware is the sole appellate court in the United States state of Delaware. Because Delaware is a popular haven for corporations, the Court has developed a worldwide reputation as a respected source of corporate law decisions, particularly in the area of mergers and acquisitions.
The multinational technology corporation Apple Inc. has been a participant in various legal proceedings and claims since it began operation and, like its competitors and peers, engages in litigation in its normal course of business for a variety of reasons. In particular, Apple is known for and promotes itself as actively and aggressively enforcing its intellectual property interests. From the 1980s to the present, Apple has been plaintiff or defendant in civil actions in the United States and other countries. Some of these actions have determined significant case law for the information technology industry and many have captured the attention of the public and media. Apple's litigation generally involves intellectual property disputes, but the company has also been a party in lawsuits that include antitrust claims, consumer actions, commercial unfair trade practice suits, defamation claims, and corporate espionage, among other matters.
Edge Games, Inc. is an American video game developer and publisher headquartered in Pasadena, California, best known for the practices of its founder and chief executive officer, Tim Langdell, in enforcing trademarks relating to the word "edge", which sources have described as "litigious". Langdell has defended these practices, stating that Edge has only sued two companies since the late 1980s.
Jacobsen v. Katzer was a lawsuit between Robert Jacobsen (plaintiff) and Matthew Katzer (defendant), filed March 13, 2006 in the United States District Court for the Northern District of California. The case addressed claims on copyright, patent invalidity, cybersquatting, and Digital Millennium Copyright Act issues arising from Jacobsen under an open source license developing control software for model trains.
Pro se legal representation comes from Latin pro se, meaning "for oneself" or "on behalf of themselves", which in modern law means to argue on one's own behalf in a legal proceeding as a defendant or plaintiff in civil cases or a defendant in criminal cases.
In United States v. Riggs, the government of the United States prosecuted Robert Riggs and Craig Neidorf for obtaining unauthorized access to and subsequently disseminating a file held on BellSouth's computers. The file, referred to as the E911 file, gave information regarding BellSouth's products implementing 911 emergency telephone services. Riggs and Neidorf were both indicted in the District Court of the Northern District of Illinois on numerous charges relating to the dissemination of the E911 text file. As Riggs had previously been indicted in the Northern District of Georgia in relation to the same incident, his charges from Illinois were transferred to Georgia. Riggs ultimately pleaded guilty in Georgia and was sentenced to 21 months in prison and two years' supervised release. Neidorf pleaded not guilty in Illinois and the government dropped all charges against Neidorf four days after the trial began.
Apple Inc. v. Samsung Electronic Co., Ltd. was the first of a series of ongoing lawsuits between Apple Inc. and Samsung Electronics regarding the design of smartphones and tablet computers; between them, the companies made more than half of smartphones sold worldwide as of July 2012. In the spring of 2011, Apple began litigating against Samsung in patent infringement suits, while Apple and Motorola Mobility were already engaged in a patent war on several fronts. Apple's multinational litigation over technology patents became known as part of the mobile device "smartphone patent wars": extensive litigation in fierce competition in the global market for consumer mobile communications. By August 2011, Apple and Samsung were litigating 19 ongoing cases in nine countries; by October, the legal disputes expanded to ten countries. By July 2012, the two companies were still embroiled in more than 50 lawsuits around the globe, with billions of dollars in damages claimed between them. While Apple won a ruling in its favor in the U.S., Samsung won rulings in South Korea, Japan, and the UK. On June 4, 2013, Samsung won a limited ban from the U.S. International Trade Commission on sales of certain Apple products after the commission found Apple had violated a Samsung patent, but this was vetoed by U.S. Trade Representative Michael Froman.
College Network, Inc. v. Moore Educational Publishers, Inc., No. 09-50596 was an unpublished appellate level case in the Fifth Circuit that upheld a district court jury decision to dismiss the purchase of trademarked keywords as infringing. The original suit was brought on a claim of trademark infringement in the purchase of certain advertising keywords that the defendant countered with claims of defamation and tortious interference, also known as intentional interference with contractual relations. The main issue addressed in the appeal was the sufficiency of the evidence presented in the counterclaims of the defendant. The court upheld the lower court's ruling, but vacated the award for tortious interference.
The Washington Redskins trademark dispute was a legal effort by Native Americans to define the term "redskin" to be an offensive and pejorative racial slur to deprive the owners of the NFL's Washington Redskins of the ability to maintain federal trademark protection for the name. These efforts had primarily been carried forward in two cases brought before the U.S. Patent and Trademark Office (USPTO). While prevailing in the most recent case in which the trademarks were cancelled, petitioners withdrew for further litigation now that the legal issue has become moot due to a decision in another case which found the relevant portion of the trademark law to be an unconstitutional infringement on freedom of speech.