Rooted in the principle of fairness, the doctrine of assignor estoppel generally prevents an inventor, who had previously assigned their patent rights to another for value, from later contesting the validity of the assigned...more
Through the passage of the recent budget bill directed to providing COVID relief, Congress has also passed the Copyright Alternative in Small-Claims Enforcement Act (the “CASE Act”), essentially creating a small claims...more
We have previously written about the USPTO’s extension of deadlines in light of the COVID19 crisis...
Patent Deadlines Further Extended for Small and Micro Entities -
The USPTO has now extended patent deadlines another...more
3M, the well-known manufacturer of n95 masks, has filed a number of lawsuits throughout the country asserting trademark claims against defendants who are offering to sell to the government and others “3M” masks at extremely...more
For many patent and trademark filing deadlines that would have been due between March 27, 2020 and May 31, 2020, the USPTO will consider them timely filed so long as: (1) they are filed on or before June 1, 2020; and (2) they...more
Plaintiff in a patent infringement matter concerning Plaintiff’s ceiling fan patents asked the court to delay all deadlines 90-days in light of the COVID19 crisis. Plaintiff noted that the parties and attorneys are all...more
Pierce Manufacturing secured a preliminary injunction prohibiting E-One from selling its Metro 100 single rear axle quint. That preliminary injunction prohibits E-One from selling the Metro 100 during the pendency of the...more
The United States Patent and Trademark Office today extended certain deadlines in connection with patent and trademark related matters due to the COVID19 crisis. Similarly, the United States Copyright Office has announced...more
No.
Erbaviva, LLC, a California LLC, sent a demand letter to Era Organics, a Florida company. The letter identified a number of Erbaviva federal trademark registrations, and “request[ed]” Era Organics:
1. Request the...more
No.
Micro Processing Technology, Inc. sent a letter to Plasma-Therm alleging that Plasma-Therm was infringing MPT’s patent. Plasma-Therm filed a declaratory judgment action seeking a declaration that it did not infringe....more
10/29/2018
/ Counterclaims ,
Declaration ,
Declaratory Judgments ,
Frivolous Lawsuits ,
Method Claims ,
Motion to Dismiss ,
Motion To Strike ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pleading Standards ,
Rule 11 ,
Sanctions ,
Voluntary Dismissals
If she or he is not a lawyer, no.
David Boggs, LLC and Mac Mar, LLC sued Matthew Soltis and his company My Affordable Roof, LLC for trademark infringement concerning the mark “MY AFFORDABLE ROOF.” Soltis appears to have...more
10/4/2018
/ Corporate Counsel ,
Lack of Jurisdiction ,
Lanham Act ,
Limited Liability Company (LLC) ,
Litigation Strategies ,
Local Rules ,
Motion to Dismiss ,
Motion To Strike ,
Standard of Review ,
Subject Matter Jurisdiction ,
Time Extensions ,
Trademark Infringement
No.
The owner of the TEMPUR-PEDIC bedding brand (“Plaintiff”) has sued a number of defendants, including a former retailer as well as the owner of the THERAPEDIC bedding brand. Through that lawsuit, Plaintiff seeks to enjoin...more
Nope. The party seeking fees pursuant to a rejected Rule 68 Offer of Judgment still has the burden of showing a proper offer was made, was served, and was not accepted.
After what appears to have been 3+ years of contentious...more
Yes.
Thursday, LLC and Klhip, Inc. are both retailers that use Amazon to sell nail clippers online. Klhip filed a number of claims with Amazon about Thursday. In response, Amazon would take Thursday down and investigate....more