Author name: Gary

Copyright, Federal Circuit

4DD Holdings, LLC v. United States — Federal Circuit Vacates $12.7M Copyright Award, Clarifies Damages Rules Against the Government

The Federal Circuit vacated a $12.7 million copyright damages award against the government for unauthorized copying of healthcare interoperability software, holding that courts misapplied the ‘book of wisdom’ by considering unforeseeable events and that punitive willful-infringement damages are unavailable under 28 U.S.C. § 1498(b).

Tenth Circuit, Trademark, Federal

KetoNatural Pet Foods v. Hill’s Pet Nutrition — Tenth Circuit Revives Lanham Act Claims Over Alleged Grain-Free Dog Food Smear Campaign

The Tenth Circuit reversed dismissal of Lanham Act false advertising claims, holding that Hill’s Pet Nutrition’s website statements and veterinary education materials could constitute actionable commercial speech when they allegedly disparaged grain-free competitors—and that the “establishment claim doctrine” allows courts to probe whether cited science actually supports the marketing claims made.

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