A Bigger Exception to the Rule? Attorneys’ Fee Awards in Trademark Cases

Shades of Gray

On October 24, 2016, the Ninth Circuit joined the Third, Fourth, Fifth and Sixth Circuits in extending Octane ’s holding to a trademark fee application. [2]. 24, 2016). [3] Traditionally, attorneys’ fees were notoriously difficult for a prevailing party to recover in a trademark action.

Clothiers and disclosure (Best of 2016)

Likelihood of Confusion

First posted on May 6, 2016. The post Clothiers and disclosure (Best of 2016) appeared first on LIKELIHOOD OF CONFUSION™. Interesting. This, from the mysterious Julie Zerbo at her iconoclastic blog, The Fashion Law: The newest group of potential outlaws in the fashion industry is.

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Monkey Business at the Ninth CircuitThe Monkey Selfie Strikes Back

Shades of Gray

An appeal has been filed with the Ninth Circuit, and Naruto’s opening brief is scheduled to be filed on June 28, 2016. I previously blogged about my favorite copyright dispute of all time, the infamous Monkey Selfie, here and here. As a quick refresher, British photographer David Slater traveled to Indonesia to photograph macaque monkeys. He left his camera unattended on the jungle floor, where a monkey grabbed it and took a series of handsome selfies, including this one.

Shades of GrayerNext Stop: IP Domination

Shades of Gray

We are pleased to announce the formation of Shades of Gray Law Group, P.C., a boutique law firm focusing on intellectual property and commercial prosecution, litigation, and counseling, with a particular emphasis on copyrights and trademarks. Please visit our website at www.shadesofgray.law. The post <strong>Shades of Grayer<br/><font size=4px>Next Stop: IP Domination</font></strong> appeared first on Shades of Gray

The new fuzzy logic of copyright damages (Best of 2016)

Likelihood of Confusion

First posted on June 17, 2016. The post The new fuzzy logic of copyright damages (Best of 2016) appeared first on LIKELIHOOD OF CONFUSION™. What’s all this about the Supreme Court and copyright damages?

Real Estate (Regulation and Development) Act 2016 with reference to Maharashtra

IP and Legal Filings

Government of India enacted the Real Estate (Regulation and Development) Act 2016 and the act came into force with effect from May 1, 2017. References: [1] The Real Estate (Regulation and Development) Act, 2016 Act no. 16 of 2016. [2]

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Posner won’t butter up Dairy Maiden: In trademark dilution, fame isn’t everything (Best of 2016)

Likelihood of Confusion

Originally published on March 6, 2016. The post Posner won’t butter up Dairy Maiden: In trademark dilution, fame isn’t everything (Best of 2016) appeared first on LIKELIHOOD OF CONFUSION™. There is a puzzling aspect to much of what emits from U.S.

Legal Protection for the Software Arts — Part 9

JD Supra Law

A widely used method of software protection is through trade secret law under the Economic Espionage Act (EEA) (18 U.S.C. §§ 1831-1839), which was enacted in 1996 and significantly amended on May 11, 2016, by the Defend Trade Secrets Act of 2016 (DTSA), Pub.

Art 83

My assorted past

Likelihood of Confusion

This week @overlawyered looks back at its guestbloggers starting with @roncoleman @foolintheforest @WilliamBaude [link] — Walter Olson (@walterolson) August 8, 2016 You’ve got to check that. What, you didn’t know?

Industry Snapshot: Cannabis Plant Patents

JD Supra Law

Patent Office between December 20, 2016 and June 29, 2021. A plant patent is granted to an inventor who has invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state.

How Wimbledon Tennis Trademarked its Signature Colors

IP Watchdog

However, the dark green and purple colorway – which has been associated with the Wimbledon tennis tournament for over a Century – has only been protected as a registered trademark in the UK since 2016.

Client ViacomCBS Prevails in Trademark Dispute over “MTV Floribama Shore”

JD Supra Law

In late 2016, MTV began developing “MTV Floribama Shore,” part of the “Shore” franchise that began with “Jersey Shore” in 2009. MTV planned to broadcast the premiere in November 2017. By: Jenner & Block

Law 52

Apple AirPods IP Fight Ends In Mistrial Over Juror Misconduct

IP Law 360

of knowingly ripping off its wireless earbud inventions when it released its AirPods in 2016 A California federal judge declared a mistrial Wednesday due to juror misconduct shortly after deliberations began in a weeklong trial of Pinn Inc.'s

US district court patent filings set to climb above 4,000 for the year

IAM Magazine

Unified Patents projects the highest number of suits since 2016, but PTAB activity continues to drop. Analysis Analysis: Legal Litigation Patents Strategy

Rutgers, Archer and Me: Using Social Media to Power Your Business

Likelihood of Confusion

link] — Ron Coleman (@RonColeman) May 10, 2016 By the time you. And I’ll be presenting! How do you like them apples! See you in sunny #Camden next Thursday, @Rutgers_Camden!

Recent Expansion of IPR Estoppel Scope Viewed As Victory for Patent Owners

Intellectual Property Law Blog

2016). [3] In its recent decision in Caltech v. Broadcom Limited, et al , [1] the Federal Circuit expanded the scope of Inter Partes Review (“IPR”) estoppel “to all claims and grounds… which reasonably could have been included in [an IPR] petition.” emphasis added).

ToolGen Files Opposition to CVC Contingent Responsive Preliminary Motion No. 1

JD Supra Law

15/138,604, filed April 26, 2016, pursuant to 37 C.F.R. §§. On June 11th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed its Responsive Preliminary Motion No. 1 in Interference No.

Instagram Defeats Embedding Lawsuit

JD Supra Law

The plaintiffs, in that case, are two photojournalists who captured images of the George Floyd protests and the 2016 election and posted them to Instagram.

Law 52

Time flies: Reflecting on the US DTSA, six years later

JD Supra Law

President Barack Obama signed the US Defend Trade Secrets Act (“DTSA”) on May 11, 2016; thus, it seems the time to ask, has the DTSA developed fast enough? The human brain develops the fastest during the first six years of one’s life—can the same be said of legislation?

Law 52

CVC Files Reply to ToolGen's Opposition to CVC's Responsive Motion No. 1

JD Supra Law

15/138,604, filed April 26, 2016, pursuant to 37 C.F.R. §§. On June 11th, Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier (collectively, "CVC") filed its Responsive Preliminary Motion No. 1 in Interference No.

Trademark protection for Wimbledon Tennis’s signature colours

IP and Legal Filings

However until 2016 the Club did not have a trademark for Wimbledons signature colours of dark green and purple. In 2016 the Club filed for a trademark for its signature colours of dark green and purple.

3 Count: Lit Appeal

Plagiarism Today

First off today, Megan Butler at Courthouse News Service reports that the 11th Circuit Court of Appeals heard arguments in a lawsuit over the 2016 hit rap song Everyday We Lit. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

US district court patent filings set to climb above 4,000 for the year

IAM Magazine

Unified Patents projects the highest number of suits since 2016, but PTAB activity continues to drop. Analysis Analysis: Legal Litigation Patents Strategy

Federal Circuit Clarifies Scope of IPR Estoppel, Reversing Prior Shaw Decision

JD Supra Law

2016). The Federal Circuit recently clarified that the scope of IPR estoppel in district courts includes prior art grounds that were raised or reasonably could have been raised in a petition for inter partes review (IPR), reversing its prior decision in Shaw Industries Group, Inc.

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3 Count: Contemptible Rimini

Plagiarism Today

” The lawsuit was filed in October Brandon Cooper and Timothy Valentine, who alleged that the duo took their 2016 song I Love Your Dress and used it to create No Guidance. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

Fifth Circuit Affirms Texas Court’s Judgment that Ericsson Complied with FRAND Obligations

IP Watchdog

The case stems from HTC’s refusal of a 2016 licensing deal in which Ericsson proposed a rate of $2.50 per device for the patents under a 2014 licensing agreement, in 2016 the company independently assessed the value of Ericsson’s patents and ultimately proposed a rate of $0.10 The U.S.

Apple AirPods Infringe Pinn Patents, Jury Told As Trial Opens

IP Law 360

ripped off its patented hands-free, all-in-one wireless earbud technology when it released its AirPods in 2016, refusing to "play by the rules" and pay royalties as Samsung and Google did. An attorney for California company Pinn Inc. told a Golden State federal jury during opening statements Tuesday that Apple Inc.

3 Count: Bottom Start

Plagiarism Today

The lawsuit was filed by a pair of songwriters that claimed the 2019 track was an infringement of their earlier song 2016 song I Love Your Dress. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

3 Count: Turtle Defeat

Plagiarism Today

The two sides actually settled the case for $25 million back in 2016, but Sirius agreed to pay an additional $5 million for each Appeals Court win. According to Goldblatt, in 2016 he shot video of President Barack Obama visiting Flint and uploaded the footage to YouTube.

Patent Filings Roundup: Intel Cancels Qualcomm Claims on Remand; New Rideshare, Cloud Storage NPE Campaigns Launched

IP Watchdog

Some new assertion entities popped up this week, including a high-stakes campaign filed by LS Cloud Storage Technologies LLC (a Waco vintage, if from 2016) on a couple of data-sharing patents (one very old, one somewhat new, U.S.

KTIPS 2021 KEY TAKEAWAYS: Sustainability – Patents and Investment Trends

JD Supra Law

2016), setting a target, limiting average warming to 2°C (pre-industrial level), urging the world to urgently reduce emissions. Prosperity and advances in technology, the hallmarks of the second half of the twentieth century, have been the primary drivers of CO2 emissions.

Report: Almost One-Third of IPR Proceedings are Settled

IP Watchdog

Our recent IPR Intelligence report covers the inter partes review (IPR) filing activity at the Patent Trial and Appeal Board (PTAB) from July 1, 2016, through June 30, 2021.

3 Count: 10,000 Hours

Plagiarism Today

However, in April 2016, he says the police chief he was working with was replaced, and the new one implemented his design without paying for the work. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

2021 Design Patents Year in Review: Analysis and Trends: US District Courts: No Slowdown in Filings

JD Supra Law

Since 2010—with the exception of outlier year 2016 (with 310 new filings!)—the the number of cases filed annually in US district courts asserting US design patents has remained fairly steady: between 236 (in 2019) and 293 (in 2017).

Pretzel Day Ruined As Company Faces ‘Dunder Mifflin’ Trademark Lawsuit

LexBlog IP

IPNews® – NBC Universal has recently filed a trademark lawsuit against a company using the trademark “Dunder Mifflin” A company named Jay Kennette Media Group, LLC has apparently been using the Dunder Mifflin trademark on apparel since 2016.

Understanding and Litigating Trade Secrets: An Outline for Analyzing the Statutory and Common Law of Trade Secrets In Illinois

JD Supra Law

Since the first edition of this outline was published in 2009 and the second and third editions were published in 2014 and 2017, Illinois case law addressing the protection of confidential and trade secret information has continued to develop, especially with the advent of the federal Defend Trade Secrets Act of 2016.

Recent Rulings on IPR Estoppel

JD Supra Law

2016), held estoppel did not apply to the grounds on which review was denied by the Patent Trial and Appeal Board (PTAB). First, a bit of background.

Amici Back Cisco’s Bid for SCOTUS Review of Enhanced Damages Standard

IP Watchdog

1923, 1934 (2016) on a first appeal in the case was not meant to create a heightened requirement for willful infringement. Comcast and the High Tech Inventors Alliance (HTIA) filed amicus briefs last week backing a Supreme Court petition brought by Cisco Systems, Inc. last month.

17 Copyright and/or Plagiarism Stories for Halloween

Plagiarism Today

HAuNTcon 2016 – Copyright and Trademark for Haunters : Skipping ahead to January 2016, at that year’s HAuNTcon, a convention for haunted attraction owners and operators, I gave a talk on copyright and trademark for haunters.

2021 Mid-Year Review: Key Global Trade Secret Developments

JD Supra Law

In the United States, the enactment of the Defend Trade Secrets Act (“DTSA”) in 2016 has made trade secrets an increasingly attractive form of intellectual property for businesses hoping to protect their innovations.