Marriott International seeks summary judgment against defendant Dynasty Marketing Group in its trademark infringement lawsuit to thwart robocallers from impersonating Marriott telemarketers, said its memorandum Friday (docket 1:21-cv-00610) in U.S. District Court for Eastern Virginia in Alexandria. Capping a busy day for docket activity, another defendant, ResortCom International, filed dual motions for summary judgment against Marriott and to dismiss the case for lack of subject matter jurisdiction.
Paul Gluckman
Paul Gluckman, Executive Senior Editor, is a 30-year Warren Communications News veteran having joined the company in May 1989 to launch its Audio Week publication. In his long career, Paul has chronicled the rise and fall of physical entertainment media like the CD, DVD and Blu-ray and the advent of ATSC 3.0 broadcast technology from its rudimentary standardization roots to its anticipated 2020 commercial launch.
When the Washington Department of Labor and Industries (L&I) issues citations alleging employers failed to address ergonomic hazards in the workplace, Washington law “unconstitutionally presumes employers violated the law and forces them to incur unrecoverable abatement expenses before the government proves that any hazardous safety condition exists,” said Amazon’s opposition Friday in U.S. District Court for Western Washington (docket 2:22-cv-01404) to L&I’s Nov. 18 motion to dismiss.
Amazon will bring its Dec. 6 demurrer to California’s antitrust complaint against the company to San Francisco County Superior Court March 7, said Amazon in a notice Thursday (docket CGC-22-601826). A demurrer under California law argues that a complaint should be dismissed because it fails to assert facts sufficient to support a cause of action.
Only a week after removing Sage Telecom’s telemarketing complaint to U.S. District Court for Northern Texas in Dallas (see 2212080043), defendant collection agency Mercantile Adjustment Bureau filed a motion (docket 3:22-cv-02737) to dismiss the case for failure to state a claim.
The lawyer for appellant TocMail in its false-advertising appeal against Microsoft struggled in oral argument Thursday before the 11th Circuit U.S. Court of Appeals to explain how his client has standing to reverse a lower court’s finding of summary judgment in defendant Microsoft’s favor when TocMail can’t establish injury from Microsoft’s alleged deception in a two-competitor market. U.S. District Judge Aileen Cannon for Southern Florida in December 2021 ruling said Microsoft’s ads for its Safe Links enterprise email security software were ambiguous and couldn't be literally false when they claimed absolute protection against “IP evasion” cyberthreats.
Verizon conspired with Equifax, Experian and Trans Union to violate the Fair Credit Reporting Act by failing for years to “fully and properly investigate” a fraudulent account attributed to plaintiff Tyler John Buck of Pierce County, Washington, and by failing to review “all relevant information provided by the consumer reporting agencies,” alleged a complaint Tuesday (docket 2:22-cv-01753) in U.S. District Court for Western Washington in Seattle.
The village of Muttontown, New York, signaled its intention to file a motion to dismiss AT&T’s complaint alleging the municipality violated the Telecommunications Act by denying AT&T’s application to build a 165-foot-tall cell tower to remedy service gaps in its wireless coverage (see 2210090001).
Eight plaintiff states in a robocalling lawsuit want the U.S. District Court for Southern Texas in Houston to deny the motion in limine of defendants Health Advisors of America (HAA) and its owner, Michael Smith, that would exclude arguments and evidence that Smith is personally liable for his Telephone Consumer Protection Act wrongdoing and dismiss him from the lawsuit, said the states in an opposition filing Monday (docket 4:20-cv-02021).
The U.S. Appeals Court for the Federal Circuit denied Nimitz Technologies’ mandamus petition to block a lower court’s demand for its financial records, saying in an order Thursday (docket 23-103) that it hasn't shown a clear and indisputable right to such relief. In so doing, the Federal Circuit also lifted the stay on the Nov. 10 order of U.S. District Judge Colm Connolly for Delaware to produce monthly bank statements and other documents that would enable the judge to determine the source of any third-party funding of Nimitz’s patent infringement lawsuits against Bloomberg, BuzzFeed, Cnet and Imagine Learning.
One of the first questions to emerge in January when Microsoft announced its proposed Activision Blizzard purchase for $68.7 billion in an all-cash deal was what would become of Sony's access to Activision’s third-party content support for the PlayStation 5 after the game publisher came under the control of the owner of the rival Xbox platform. The preliminary signals Microsoft put out for public consumption suggested Sony would experience business as usual, and that Activision, under Microsoft’s control, would continue supporting content availability across the “variety of platforms” it currently backs.