Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP

Defendant Hoist Manufacturer Awarded Attorney's Fees in Trade Dress Case Secalt v. Wuxi Shenxi Construction Machinery
Janet A. Marvel, February 13, 2012
In Secalt S.A. v. Wuxi Shenxi Construction Machinery Co., Ltd., Nos. 10-17007 & 11-15066, 2012 WL 373102 (9th Cir. Feb. 7, 2012), plaintiff, a manufacturer of traction hoists (typically used for commercial building and window washing), alleged that it owned trade dress rights in the following...

Peter and the Wolf Leave the Public Domain - Supreme Court Holds Copyright Restoration Law is Constitutional
Uli Widmaier, January 19, 2012
On January 18, 2012, the U.S. Supreme Court held in Golan v. Holder, No. 10-545, 565 U.S. --- (2012), that a law bestowing U.S. copyright protection on certain foreign works that had previously been in the public domain is constitutional under both the Copyright Clause of the Constitution and the...

False Advertising Claim over Statements in Billing Letter to Patients Not Sufficiently Pled Under Lanham Act
Phillip Barengolts, January 19, 2012
Ameritox is “the nation's leader in pain medication monitoring, offering urine drug testing services to help physicians assess medication adherence of patients on chronic opioid therapy.” Millennium Laboratories is “a national, research-based medication monitoring company whose...