article thumbnail

maintaining ex-employees' voicemail/email doesn't violate Lanham Act or right of publicity

43(B)log

2004), in which the defendant continued to run an infomercial after its agreement with the individual plaintiff, Lundin, featured in the infomercial expired. That is, the likeness must be distributed to members of the public in a way calculated to bring in money. There are no allegations of such use here.” The court cited Mktg.

article thumbnail

Biosimilars 2020 Year in Review

Fish & Richardson Trademark & Copyright Thoughts

The parties are currently engaged in supplemental expert discovery on Hospira and Pfizer’s on-sale bar and public use defenses, and the court has resolved two discovery disputes this year stemming from these issues. In particular, Judge Reyna would have interpreted the “2004 Accord & Satisfaction between Roche. . .

article thumbnail

The US’ Review of March-in Rights, and Some Questions on an Indian Counterpart

SpicyIP

These are (i) failing to effectively realise the subject innovation; (ii) the need to alleviate unaddressed health or safety needs; (iii) failure to meet the requirements of public use of the invention; and (iv) failure of contractual obligations, especially under s.