About Jonathan Pearce

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So far Jonathan Pearce has created 15 blog entries.

Lanham Act Puffery and Foreign Jurisdictional Issues

Which Pizza has better ingredients and who is allowed to say so? Our two cases are Lanham Act court of appeals cases. The first, Pizza Hut, Inc. v. Papa John’s Int’l., 227 F.3d 489 (5th Cir 2000) (here), from the Fifth Circuit in 2000, relates to Pizza Hut’s claim the Papa John’s advertising using the phrase [...]

By |2021-10-25T11:13:59-07:00October 22nd, 2021|Litigation, Trademark, Likelihood of Confusion|0 Comments

Sirius Wins on CA State Copyright Claims and Sovereign Immunity Strikes Again

Sirius Gets a Win on CA State Copyright Claims In Flo & Eddie, Inc. v. Sirius XM Radio, Inc., No. 17-55844 (August 23, 2021) (available here), the panel reversed the district court’s grant of partial summary judgment to Flo & Eddie, Inc. in its action against Sirius XM satellite radio, seeking royalties for pre-1972 songs [...]

By |2021-08-30T09:04:18-07:00August 27th, 2021|Copyright, Litigation|0 Comments

Real Life Clash of Clans – Huge Verdicts are Alive and Well in the E.D. Tex.

Real-Life Clash of Clans - Huge Verdicts are Alive and Well in the E.D. Tex. In Gree, Inc. v. Supercell Oy (E.D. Tex. 2019 and 2020), available here, here, here, here (judgment), here, here, here, and here (jury verdict). Gree, Inc. is (was?) a successful Japanese mobile game developer. Their games have been popular in Japan for at least [...]

Interaction of Dismissal with Prejudice and Subsequent Patent Infringement + Amazon IP Enforcement

Issue Preclusion, Claim Preclusion, and Expansion of the Kessler Doctrine Dismissal with prejudice generally gives rise to the application of two doctrines, issue preclusion and claim preclusion. Issue preclusion prevents a party from raising an issue that was or could have been brought in a previous lawsuit. So, a party who sues another party may [...]

An IPR Appellate Plaintiff Must have Standing to Appeal and What Makes for an Adequate Pre-Suit Infringement Investigation

Standing to appeal an IPR is deprived by an agreement of non-infringement Who is entitled to appeal an IPR decision? That is a recurring question in IPR jurisprudence. This still relatively-new process created by the American Invents Act has been found by the U.S. Patent and Trademark Office to allow "[a] person who is not [...]

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