Remove topics ex-parte
article thumbnail

The SAD Scheme as an Institutional Failure

Technology & Marketing Law Blog

The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money. Ex parte proceedings, where the putative rightsowner tells an unrebutted story, are highly likely to get it wrong.

article thumbnail

PTAB Drops POP Panel Review Option

LexBlog IP

The Office has also provided updated guidance ( here ) as to what types of issues the Director will consider in DR, as well as additional guidance on various topics, such as the initiation of DR at the sole discretion of the Director ( sua sponte DR), remands to PTAB for further proceedings, and sanction authority of the Director.

Designs 52
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

PTAB Updates and Expands the Director Review Process and Offers Transparency in Ex parte Appeals

LexBlog IP

The DRP will include senior administrative patent judges who took no part in the decision being reviewed. The memo includes a discussion of the following topics, among others: Instances where the Board will not decide all appealed issues. Appeal and Interference Statistics, Patent Trial and Appeal Board, June 2023 ( link ).

article thumbnail

TTABlog Test: Are Gummy Vitamins Related to Personal Care Products Under Section 2(d)?

The TTABlog

But recently, many marks are being rejected by presenting extrinsic evidence that improperly extends the rights of registrants in an ex parte proceeding based on being so-called substantially related. The Board therefore found the goods to be related. And the pendulum has swung too far.

article thumbnail

Court Orders WhatsApp To Block Groups Sharing Pirated Newspapers

TorrentFreak

Where once peer-to-peer services were the obvious choice, these days people also utilize platforms such as WhatsApp, Discord and Facebook, which add social elements to the sharing experience by bringing like-minded people together, often around a central topic. Legal Action Targeting WhatsApp and Pirates.

article thumbnail

ABA Ethics Opinion on Replying-to-all When Opposing Counsel CC’s Their Client

Patently-O

you cannot communicate with a person represented by counsel in a matter without opposing counsel’s consent — even if opposing counsel is present (the rule is not limited to “ex parte” communications). Ordinarily, under Model Rule 4.2

Copying 48
article thumbnail

Japan’s Systematic Assault on Manga & Anime Piracy Broadens & Intensifies

TorrentFreak

In August 2022, Japanese manga publisher Shueisha filed an ex parte application at a California district court seeking information for use in a foreign proceeding – a lawsuit in Vietnam or Japan targeting pirate site operators. com – were also among the targets in the ex parte application filed last August.