Applied Information Sciences Corp. v. eBay, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• upholding denial of attorney’s fees when plaintiff 25 presented no proof that losing party “acted capriciously or pursued litigation to harass [], or that 26 [losing party] intended to bring a meritless or unreasonable case”
• affirming a district court’s denial of attorneys’ fees where there was “no compelling proof that [the plaintiff] acted capriciously or pursued litigation to harass [the defendant], or that’ [the plaintiff] intended to bring a meritless or unreasonable case”
• “Registration . . . discharges the plaintiff’s original common law burden of proving validity in an infringement action.” (Citations and internal quotation marks omitted)
• \Strauss was attempting to extend its own use of its registered mark to goods not specified in its federal registration.\
• “Although the validity of a 8 registered mark extends only to the listed goods or services, an owner’s remedies against confusion 9 with its valid mark are not so circumscribed.”
• plaintiff asserting claims for trademark 13 |/infringement cannot prevail without showing validity and infringement

Source: CourtListener parenthetical corpus (CC0).