Category: Eleventh Circuit

11th Circuit: Award of Fees Affirmed in “Objectively Unreasonable” Copyright Action Where Plaintiff No Longer Possessed a Copy of the Copyrighted Material

On September 24, 2014, in an unpublished opinion the 11th Circuit denied the appeal of InDyne, Inc. (“InDyne”), which asked the Court to vacate an award of attorneys’ fees to Defendants Abacus Technology Corporation, Jerry Reninger, and Matthew Boylan (collectively, “Abacus”) in a copyright infringement action in Middle […]

Trademark Defendant who Lost on Summary Judgment Files Appeal with Eleventh Circuit, but Special Master May Still Assess Monetary Recovery

A defendant whom the U.S. District Court for the Northern District of Florida adjudicated a trademark infringer on summary judgment, and liable for attorneys’ fees as well as profits, filed an appeal from that court’s judgment on February 11, 2013.  However, an order of appointment of a Special […]

Eleventh Circuit Finds Exclusion Insufficient for Insurance Companies to Avoid “Advertising Injury” Coverage for Copyright Infringement

Introduction and “Exclusion 13” Although federal appellate courts issue “unpublished” opinions relegated to the status of merely persuasive precedent and not binding precedent,[1] occasionally even an “unpublished” opinion may strike upon an issue of first impression or otherwise set forth judicial reasoning that still makes it noteworthy.  On […]

Eleventh Circuit Raises its Glass to the Public Domain, Affirms Summary Judgment Entered Against Miller’s Ale House on Trademark, Trade Dress, and Copyright Claims

IntroductionScore one for McDowell’s and its “Golden Arcs.” [1]  In a dispute between two sports bar and restaurant chains, the Eleventh Circuit has affirmed a grant of summary judgment in favor of the defendant, Boynton Carolina Ale House, LLC (“Boynton Carolina”), whom plaintiff Miller’s Ale House, Inc. (“Miller’s”) had […]