Likelihood of Confusion

AUGUST 27, 2024

Originally posted 2007-12-28 10:31:49. Republished by Blog Post PromoterThis important (pdf). As a New York Law Journal article (sub. puts it, The Second Circuit’s decision in In re Literary Works substantially limits the use of class actions as a vehicle to settle copyright infringement cases.

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JD Supra Law

JULY 16, 2024

Le 27 juin 2024, le laboratoire pharmaceutique Servier – qui, entre 2005 et 2007, avait conclu plusieurs accords transactionnels en matière de brevets impliquant des paiements inversés avec des génériqueurs (Niche/Unichem, Matrix, Teva, Lupin et Krka) – a largement perdu son combat contre la Commission européenne (la « Commission »).

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Likelihood of Confusion

OCTOBER 2, 2023

Originally posted 2007-10-23 00:07:45. Or, rather, someone else — who can really use a meal — will. Republished by Blog Post Promoter The post Eat your words appeared first on LIKELIHOOD OF CONFUSION™.

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Blogging 97

The Illusion of More

SEPTEMBER 1, 2023

After criticizing the worst effects of social media for over 10 years, I was finally hacked, locked out of my Facebook account, and (I assume) will be unable to restore any of the material or connections going back to 2007.

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Social Media 103

Likelihood of Confusion

JUNE 19, 2024

Originally posted 2007-10-22 17:52:04. Republished by Blog Post PromoterI’m a week late, but it’s worth the wait! The post Counterfeit Chic: Knockoff News 71 appeared first on LIKELIHOOD OF CONFUSION™.

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Blogging 52

JD Supra Law

MAY 23, 2024

Reasoning that the old test was “improperly rigid,” the Federal Circuit said May 21 that the obviousness analysis for design patents should be treated similarly to the obviousness analysis for utility patents as set forth in the Supreme Court’s 2007 decision in KSR Int’l v. Teleflex Inc.[1] By: Fox Rothschild LLP

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JD Supra Law

MARCH 27, 2024

550 US 398 (2007). The US Patent and Trademark Office (USPTO) recently updated its guidance for patent examiners and applicants in determining obviousness under 35 USC § 103, based on the US Supreme Court’s ruling in KSR Int’l Co. Teleflex Inc.,

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Likelihood of Confusion

JUNE 16, 2024

Originally posted 2007-08-26 20:44:20. Republished by Blog Post PromoterEngadget reports that UniquePhones’s iPhone unlock release has been impeded by lawyers doing their jobs. They can slow it, but they surely can’t stop it.

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JD Supra Law

APRIL 23, 2024

398 (2007). Patent and Trademark Office (USPTO) has issued “Updated Guidance for Making a Proper Determination of Obviousness” under the U.S. Supreme Court’s ruling in KSR Int’l Co. Teleflex Inc.,

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Trademark Patent 61

JD Supra Law

OCTOBER 31, 2022

A South Carolina recording artist named Warren Hamilton claims he has been using the rap alias “SIX9” while performing since 2007. Rapper 6ix9ine has lost the right to trademark his own stage name. He says that 6ix9ine (born Daniel Hernandez) has hurt his career since 2017 when Hernandez began using his similar stage name. By: AEON Law

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JD Supra Law

FEBRUARY 6, 2024

398 (2007), the propriety of invoking “common sense” as a rationale for obviousness has been subject to continuous debate. In analyzing patent obviousness, how “simple” must the relevant technology be in order for “common sense” to supply a limitation missing in the prior art? Teleflex, 550 U.S. By: Axinn, Veltrop & Harkrider LLP

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JD Supra Law

DECEMBER 22, 2023

The patentee provided evidence to prove that BAS-342G computerized embroidery machine has been sold in the Chinese territory since 2007. As manufacturer and dealer specialized for sewing machine and parts thereof, the infringer is capable to and may access the subject software.

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JD Supra Law

JULY 13, 2023

In a surprising move, the Court of Appeals for the Federal Circuit (“CAFC”) has granted a petition for rehearing en banc on the issue of whether the test for determining obviousness of design patents has been overruled by the Supreme Court’s 2007 decision in KSR v. 398 (2007). Teleflex, 550 U.S. In the case, captioned LKQ Corp.

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JD Supra Law

SEPTEMBER 14, 2023

2007), where the Court addressed the proper standard for determining obviousness for the first time since the Federal Circuit was created by Congress in 1982. Teleflex Inc. By: McDonnell Boehnen Hulbert & Berghoff LLP

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Likelihood of Confusion

MAY 1, 2024

And I don’t even quite get the joke I evidently made in 2007, though I do still have […] The post Disclaimer for the slow-witted, the vicious and the greedy appeared first on LIKELIHOOD OF CONFUSION™. It’s preposterous to think that this is really necessary, but here we are. UPDATE: All the links are dead now.

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JD Supra Law

MARCH 7, 2024

Teleflex (2007) and Graham v. On February 27, 2024, the US Patent & Trademark Office (PTO) published updated guidance for examiners on how to make a proper determination of obviousness. The guidance expands upon and reinforces the legal framework for obviousness determinations discussed by the Supreme Court in KSR Int’l. John Deere Co.

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Publishing Trademark Law Patent 61

Likelihood of Confusion

OCTOBER 1, 2023

The 2007 Weblog Awards voting is over, and LIKELIHOOD OF CONFUSION®, I am proud to say, is still listed among the finalists! Congratulations to David Lat and friends of Above. The post Best Weblog appeared first on LIKELIHOOD OF CONFUSION™.

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Blogging 59

JD Supra Law

MARCH 14, 2023

The battle between Thom Browne and Adidas over a striped design dates back to 2007. Sportswear giant, Adidas, originally objected to Thom Browne’s use of a three-bar design on its clothing in 2007, which led Thom Browne to subsequently change to a four-stripe design.

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Design Designs 52

Likelihood of Confusion

NOVEMBER 30, 2023

Originally posted 2007-05-09 17:31:23. “Andrew Sullivan of Instapundit”? Guys, whichever of you calls me first gets to retain me. UPDATE: Is insanity a plea in a trademark infringement case? Republished. The post Blog “brand confusion” appeared first on LIKELIHOOD OF CONFUSION™.

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Blogging Branding Branding Brands 52

JD Supra Law

OCTOBER 11, 2023

Aeropostale) in February 2007, I would not have imagined that my career would become what it is today. Tell us about your career path from Aeropostale, Inc. to SPARC Group LLC. When I joined Aeropostale, Inc.

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IP Watchdog

FEBRUARY 28, 2024

Supreme Court’s 2007 ruling in KSR International Co. Patent and Trademark Office (USPTO) published a notice in the Federal Register providing updated guidance for agency decision-makers on making proper determinations of obviousness under the U.S. Teleflex Inc.

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IP Law 360

FEBRUARY 6, 2023

Photographers urged the Ninth Circuit on Monday to revive their proposed class action challenging how easily Instagram lets websites embed photos, arguing that a lower court threw out their copyright case based on an outdated 2007 Ninth Circuit decision, while ignoring recent technological advancements and allowing third parties to profit off of photographers' (..)

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Likelihood of Confusion

JULY 25, 2023

Originally posted 2007-03-22 21:04:20. Joe Gratz shares none of McDonald’s McPain over its efforts to get “McJob” out of the dictionary. He’s right, of course. UPDATE: Related thoughts.) Republished by. The post Tough McNuggets appeared first on LIKELIHOOD OF CONFUSION™.

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LexBlog IP

AUGUST 29, 2023

The term ‘earnout arrangement’ (Earnout) has been defined by the Australian Taxation Office (ATO) as “any transaction in which an income-earning asset is sold for consideration that includes the creation of an ‘earnout right’ (Earnout Right) for the seller of the asset, according to TR 2007/D10.

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Likelihood of Confusion

APRIL 12, 2023

Not surprising considering who posted it… Originally posted 2007-06-28 12:18:00. Working my territory. Republished by Blog Post Promoter The post Overlawyered: Trademark abuses of the month appeared first on LIKELIHOOD OF CONFUSION™.

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IPilogue

JUNE 23, 2022

In May 2007, before the concept of name, image, and likeness became popularized by the USA’s NCAA ruling for college athletes, Nicklaus appears to have made a similar deal except it was for “exclusive rights to valuable intellectual property and services”. This agreement involved three parties: 1) Jack Nicklaus; 2) GBI Investors Inc.;

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LexBlog IP

MARCH 7, 2024

In 2007, the USPTO published “Examination Guidelines for Determining Obviousness Under 35 U.S.C. 103 in View of the Supreme Court Decision in KSR International Co. Teleflex Inc.” ” This was updated in 2010 and now, as of Feb. 27, 2024, there is a new update. 89 Fed.Reg. 14,449 (Feb. Read more

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Publishing Intellectual Property 40

The IP Law Blog

MARCH 24, 2022

The Court relied on the Ninth Circuit’s 2007 opinion in Perfect 10, Inc. Breyer has tossed the case, holding that the media companies are not liable for direct copyright infringement and that Instagram is not liable for secondary copyright infringement. Amazon.com, Inc. , 3d 1146 (9th Cir.

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JD Supra Law

AUGUST 4, 2023

The server test has been the law in the Ninth Circuit since 2007, but in recent years it has come under attack in lower courts in other jurisdictions. Instagram, LLC, No. 22-15293, the Ninth Circuit reaffirmed the "server test," which protects websites from copyright liability for embedding images that are hosted on another website's server.

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Copyright Law 52

Olartemoure Blog

FEBRUARY 10, 2024

Famous cases include that of 2007, when t he NFL sent a cease-and-desist letter to a church in Indianapolis , where they were charging 3 USD to watch the event in the church and were using the term “Super Bowl” to advertise it. In 1969, the NFL trademarked “Super Bowl”.

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JD Supra Law

APRIL 21, 2023

In 2007, Nicklaus sold his intellectual property portfolio and course design services, to real estate developer Howard Milstein’s Nicklaus Companies LLC, for $145 million. On April 12, 2023, a Manhattan judge in the lawsuit regarding the sale of golf legend Jack Nicklaus’s intellectual property portfolio narrowed the claims against Nicklaus.

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Intellectual Property IP Design Designs 52

JD Supra Law

JULY 10, 2023

Last week, the Federal Circuit decided to consider, en banc, whether the Supreme Court’s 2007 KSR decision regarding obviousness overruled the Federal Circuit’s decades-old Rosen and Durling tests for design patents, setting in motion a potential lowering of the bar for obviousness.

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Design Patent Design Designs Patent 52

The TTABlog

JULY 15, 2024

9115782, 2007 TTAB LEXIS 9, at *19 (TTAB 2007). Nonuse: The Board observed that "an entire application is not deemed void ab initio if the applicant made use on any of the listed goods at the time the use-based application was filed. Barbara’s Bakery, Inc. Landesman , Opp.

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Trademark Copyright 55

JD Supra Law

SEPTEMBER 21, 2021

2007), the solution has been. But your story will not make sense if your readers cannot see the image or video. For more than a decade, following Perfect 10, Inc. Amazon.com, Inc., 3d 1146 (9th Cir. By: Wilson Sonsini Goodrich & Rosati

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JD Supra Law

JULY 14, 2023

Granting a petition for rehearing en banc, the US Court of Appeals for the Federal Circuit decided to revisit the effect of the Supreme Court’s 2007 decision in KSR International v. Teleflex on design patents. LKQ Corporation v. GM Global Technology Operations, Case No. 21-2348 (Fed. June 30, 2023) (per curiam).

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IP Watchdog

MARCH 14, 2023

Supreme Court’s landmark 2007 obviousness ruling in KSR v. In reversing, the Federal Circuit ruled that the PTAB improperly rejected Intel’s “known technique” rationale supporting a motivation to combine prior art references under the flexible analysis set out by the U.S. Teleflex.

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JD Supra Law

JULY 12, 2023

In 2007, Louis Vuitton sought to stop the sale of dog toys named “Chewy Vuitton.” Branding, including acquiring and protecting your trademarks, is essential to growing your business and protecting against other companies getting a free-ride on your reputation and goodwill.

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