Over the years, well-known aviation figure and retired United States Air Force general, Charles E. “Chuck” Yeager (Yeager) has been engaged in numerous legal disputes, including several lawsuits that Yeager has filed against...more
Issuing its second trademark decision in 2015, the Supreme Court of the United States in a 7–2 decision reversed the U.S. Court of Appeals for the Eighth Circuit, concluding that an administrative ruling by the U.S. Patent...more
In an unpublished decision, the Court of Appeals for the Eleventh Circuit clarified its standard for willful copyright infringement when it affirmed the district court’s grant of summary judgment finding that the defendants...more
3/23/2015
The U.S. Court of Appeals for the Tenth Circuit affirmed the district court’s dismissal of a copyright infringement complaint by an entity that has brought similar copyright ownership claims against famed comic book author...more
The Supreme Court of the United States, in a unanimous decision stated that “because the tacking inquiry operates from the perspective of the ordinary purchaser or consumer, we hold that a jury should make this...more
2/27/2015
/ Hana Bank ,
Hana Financial ,
Hana Financial v Hana Bank ,
Infringement ,
Intellectual Property Litigation ,
Jury Questions ,
Jury Trial ,
SCOTUS ,
Tacking ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
On January 21, 2015, the Supreme Court of the United States issued a unanimous decision in Hana Financial, Inc. vs. Hana Bank, et. al., pertaining to a substantive trademark matter, namely, whether a judge or jury should...more
1/27/2015
/ Doctrine of Equivalents ,
Genuine Issue of Material Fact ,
Hana Bank ,
Hana Financial ,
Hana Financial v Hana Bank ,
Jury Questions ,
Likelihood of Confusion ,
SCOTUS ,
Tacking ,
Trademark Infringement ,
Trademarks
Mil-Spec Monkey, Inc. v. Activision Blizzard, Inc. et al. -
Confirming that video games, including customizable multi-player games, qualify as expressive works entitled to First Amendment protection, a California...more
Orca Communications Unlimited, LLC v. Noder -
The Uniform Trade Secrets Act’s (UTSA) displacement provision creates an exclusive cause of action for claims based on misappropriation of trade secrets and preempts...more
Chicago Building Design, P.C., et. al. v. Mongolian House, Inc., et. al. -
The U.S. Court of Appeals for the Seventh Circuit applied the Supreme Court of the United States’ May 2014 ruling in Petrella (IP Update, Vol....more
In 2014, regulators around the globe issued guidelines, legislation and penalties in an effort to enhance security and control within the ever-shifting field of privacy and data protection. The Federal Trade Commission...more
12/11/2014
/ Africa ,
Anti-Spam Legislation ,
Canada ,
China ,
Cybersecurity ,
Data Protection ,
EU ,
EU Data Protection Laws ,
Federal Trade Commission (FTC) ,
Latin America ,
Legislative Agendas
Nationstar Mortgage LLC v. Mujahid Ahmad -
The United States Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board (TTAB or Board) sustained an opposition on the basis of fraud, finding that Ahmad’s...more
Fortres Grand Corporation v. Warner Bros. Entertainment Inc. -
The U.S Court of Appeals for the Seventh Circuit affirmed the dismissal of a trademark infringement claim, finding that a real computer software product...more
La Quinta Worldwide LLC v. Q.R.T.M., S.A. De C.V., dba Quinta Real -
While affirming trademark infringement with respect to a Mexican hotel chain’s use of its trademark in the United States, the U.S. Court of Appeals...more
New Castle Beverage, Inc. v. Spicy Beer Mix, Inc. -
In an unpublished opinion, the Court of Appeal of the State of California’s Second Appellate District affirmed the lower court’s denial of a preliminary injunction...more
Automated Solutions Corporation v. Paragon Data Systems, Inc. -
The U.S. Court of Appeals for the Sixth Circuit confirmed that a party claiming infringement of copyrighted computer software must identify those...more
Lewis Bros. Bakeries, Inc. v. Interstate Brands Corp. (In re Interstate Bakeries Corp.) -
An en banc panel of the U.S. Court of Appeals for the Eighth Circuit reversed an earlier ruling of the same court finding that a...more
In a ruling that could potentially increase the number of copyright infringement actions, the Supreme Court of the United States has resolved a conflict among the circuits, holding that the equitable defense of laches cannot...more
Airs Aromatics v. Victoria’s Secret -
Dismissing a trademark cancellation claim against Victoria’s Secret’s DREAM ANGELS trademarks, the U.S. Court of Appeals for the Ninth Circuit ruled that federal trademark law...more
The U.S. Court of Appeals for the Ninth Circuit affirmed a summary judgment ruling and an award of attorneys’ fees, finding that a hookah water container used for smoking tobacco was not entitled to copyright protection....more
The U.S. Court of Appeals for the Ninth Circuit concluded that the federal district court erred in dismissing claims for copyright infringement, conversion and declaratory relief brought by the sons of the late concert...more
Since 2004, the Google Books project has scanned over 20 million books and has provided digital copies of the books to participating libraries while also creating a searchable database of books. The Google Books database...more
Patents / Patent Eligible Subject Matter -
Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter --
AMP et al. v. Myriad Genetics, Inc.:
In a 9–0 decision the Supreme...more
6/27/2013
/ Abuse of Discretion ,
AMP v Myriad ,
Burden of Proof ,
Copyright ,
Damages ,
DNA ,
False Advertising ,
First Amendment ,
Human Genes ,
Infringement ,
Lanham Act ,
Myriad ,
Oprah Winfrey ,
Patent Terms ,
Patent-Eligible Subject Matter ,
Patents ,
Permanent Injunctions ,
SCOTUS ,
Time Warner ,
Trade Secrets ,
Trademarks ,
USPTO ,
Willful Infringement
Obviousness-Type Double Patenting May Exist When There Is Neither Common Ownership nor Common Inventorship -
Addressing an obviousness-type double patenting rejection, the U.S. Court of Appeals for the Federal Circuit...more
4/30/2013
/ Affidavits ,
Claim Construction ,
Copyright ,
Copyright Infringement ,
Discovery ,
DMCA ,
Infringement ,
Patents ,
Prior Art ,
Safe Harbors ,
Trademarks ,
USPTO
In This Issue:
Supreme Court -
Supreme Court Finds That “First Sale” Doctrine Applies to Works
Patents -
Joint Actors as It Relates to Method Claim Infringement; Federal Circuit Ruling Clears Way...more
In a decision that may significantly impact international production and distribution practices for copyrighted works, the Supreme Court of the United States on Tuesday found that the Copyright Act’s first sale doctrine was...more