Based on the volume of scam letters and email sent to us by our clients, trademark and domain name scams continue unabated in 2014. In fact, if anything, these scams have increased in volume and creativity. Remember to look...more
Decision Date: April 2, 2014 -
Court: U.S. Court of Appeals for the Federal Circuit -
Patents: D634,488 and D634,487 -
Holding: N.D. of Ohio’s Grant of Summary Judgment of Invalidity AFFIRMED...more
Not to be upstaged by China, who recently proposed changes to its Trademark Law, the Government of Canada proposed substantial changes to its Trade-marks Act on March 28, 2014. Several of these changes were proposed to align...more
On March 25, 2014, the Supreme Court issued its opinion in Lexmark International Inc. v. Static Control Components Inc., holding that a two-prong analysis comprised of the "zone-of-interests" test and a "proximate-cause"...more
As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. ...more
Earlier this month, Katherine Heigl sued Duane Reade for $6,000,000 for tweeting a paparazzi photo of her leaving a Duane Reade drugstore, together with the caption “Love a quick #DuaneReade run? Even KatieHeigle can’t resist...more
The April issue of Sterne Kessler's MarkIt to MarketTM newsletter contains a cautionary tale regarding use of social media, a clarified test for false advertising standing, updates to Canada's Trade-marks Act, and an updated...more
4/29/2014
/ Canada ,
Domain Names ,
False Advertising ,
gTLD ,
Lanham Act ,
Lexmark ,
Right of Publicity ,
SCOTUS ,
Standing ,
Sunrise Periods ,
Trademark Act ,
Trademarks
On April 21, 2014, the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office issued a final written decision in the first inter partes review proceeding involving a design patent (IPR2013-00072). In...more
In This Issue:
- MARCH MADNESS - A Reminder
- Changes to China's Trademark Law
- INTA Annual Meeting - Hong Kong
- gTLD Sunrise Periods Now Open
- The March issue of Sterne Kessler's Mark It to MarketTM...more
In This Issue:
- How to Use the OLYMPICS/Rings, SUPER BOWL, and MARCH MADNESS Trademarks (Hint: Not Without Permission!)
- Trademark Clearinghouse Registrations - Change to the D.O.T. Rule
- Generic Top Level Domains...more
Decision Date: September 24, 2013 -
Court: Patent Trial and Appeal Board -
Patents: D527,834 -
Holding: ATAS’s petition to institute inter partes review is DENIED.
Opinion:
ATAS International, Inc....more
Decision Dates: August 25, 2011 and November 12, 2013 -
Courts: D. NJ and United States Court of Appeals for the Federal Circuit -
Patents: D469,689 -
Holding: The terms of the ‘689 Patent are construed;...more
Decision Date: October 2, 2013 -
Court: M.D. Florida -
Patents: D643,474 -
Holding: Defendant’s motion for summary judgment of patent invalidity and non infringement...more
Decision Date: September 11, 2013 -
Court: Fed. Cir.
Patents: D598,183 -
Holding: Grant of summary judgment of invalidity REVERSED and REMANDED.
Opinion:
Buyer’s Direct, Inc. (“BDI”)...more
Decision Date: December 27, 2012
Court: D. Florida -
Patents: D555,070 -
Holding: Defendants’ motion for partial summary judgment of non-infringement GRANTED.
Opinion:
Plaintiff, Pacific Coast...more
- Decision Date: May 7, 2013
- Court: E.D. California
- Patents: D534,254
- Holding: Plaintiff’s motion for summary judgment of infringement DENIED
- Defendant’s motion for summary judgment of...more
Decision Date: January 31, 2013 -
Court: N.D. Ohio -
Patents: D634,488 and D634,487 -
Holding: Defendants’ motion for summary judgment of invalidity GRANTED -
Opinion: Plaintiff MRC Innovations,...more
Decision Date: May 24, 2013 -
Court: D. Massachusetts -
Patents: D502,362 -
Holding: Defendant’s motion for summary judgment of non-infringement GRANTED -
Opinion: Plaintiff Keurig, Inc. sued JBR,...more
Decision Date: May 8, 2013 -
Court: W.D. Virginia -
Patents: D448,541 -
Holding: Plaintiff’s motion for reconsideration of order denying preliminary injunction DENIED -
Opinion: Plaintiff Charles Robinson...more
6/17/2013
Since our last article on the topic of design patent reexaminations (see “All or Nothing Design Patent Reexaminations: On the Rise,” June 8, 2010), design patents are more popular than ever.
Interest in design patents...more
In the United States, trademark rights are “common law” in nature, meaning that some trademark rights are acquired simply by selling goods and services designated by a particular mark in the U.S. However, there are...more
Decision Date: September 30, 2011 -
Court: D. Maryland -
Patents: D523,263 -
Holding: Defendants liable for design patent infringement -
Opinion: Plaintiff, Victor Stanley, Inc. sued Creative Pipe, Inc....more
Telebrands Corp v. Del Laboratories, Inc. -
Decision Date: September 8, 2011 -
Court: S.D. New York -
Patents: D596,802 -
Holding: Coty’s motion for summary judgment of invalidity denied -
Opinion:...more