Wednesday, August 17, 2011

Eighth Circuit -- Fair Isaac Corporation v. Experian Information Solutions

Fair Isaac Corporation v. Experian Information Solutions

Even if the plaintiff is the target of an anti-competitive conspiracy, they still must demonstrate cognizable harm under Sherman Act (increased prices, etc) for standing.

Hypothetical future damages from inadequate data is an insufficient harm for suit against collusion among data providers.

No error in finding the "300-850" trademark to be merely descriptive.

Sufficient evidence for fraud on the Patent Office in assertions of proprietary use of "300-850"

No licensee estoppal basis for denying challenge to mark, as (1) entity raising the challenge wasn't proved to be an alter ego of the licensee, and (2) if the mark is invalid by one of the challenges, estopping one of several  plaintiff from challenging doesn't get you much.

No false advertising.

No abuse of discretion in not awarding fees to prevailing party, even though fraud on the Patent Office was proven,




Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.