Erik K Pelton

OCTOBER 29, 2021

The USPTO uses a standard called the DuPont factors that comes from a case many years ago that involved the DuPont Company. And different federal courts, depending on what circuit they’re in, use slightly different standards. You have Dove soap and skincare products and Dove ice cream bars in the frozen food section.

Trademark 147

Trademark Registering Trademarks Editing Trademark Law 147

Patently-O

MAY 2, 2022

On Sale Bar : The Federal Circuit’s recent decision in Sunoco Partners v. 2022) focuses on the classic patent law question of whether the inventor’s pre-filing sales activity serve to bar the patent from issuing. The patents here are pre-AIA and so the on-sale bar included a one-year pre-filing grace period.

Invention 83

Invention Contracts Licensing Inventor 83

Patently-O

JULY 1, 2021

The Federal Circuit has again granted mandamus and ordered Judge Albright to transfer two cases case out of his W.D.Tex. The underlying actions were filed by a patent holding company known as Ikorongo Texas LLC against Samsung and LG Electronics. The five also own a separate company known as Ikorongo Technology LLC.

Litigation 105

Litigation Patent Registration Business 105

The IPKat

NOVEMBER 16, 2022

On April 1, 2022, the Parliament of Ukraine adopted a dedicated law, “On the protection of the interests of individuals in the field of intellectual property during the martial law introduced in connection with the armed aggression of the Russian Federation against Ukraine” ( Law No 2174-IX ). The law entered into force on April 13, 2022.

Patent 93

Patent Intellectual Property IP Law 93

IPilogue

AUGUST 4, 2022

On May 18, 2022, the Federal Court of Canada released its decision for Beijing Judian Restaurant Co. Unknown to the applicant , on June 27, 2017 the respondent, Wei Meng registered the JU DIAN & Design Mark shown below in association with “restaurant services; take-out restaurant services”, and “beer”. . v Wei Meng.

Trademark 115

Trademark Registration Designs Design 115

IP Intelligence

FEBRUARY 22, 2022

Recently the Federal Circuit reversed a district court’s grant of summary judgment of no invalidity of a design patent under the on-sale bar provision of 35 U.S.C. § Defendants appealed to the Federal Circuit. Medical Components, Inc. , 2021-1649 (Fed. Wells Elecs., 55, 67–68 (1998). Detailed Timeline*. . Detailed Timeline*.

Designs 52

Designs Design Design Patent Contracts 52

Patently-O

NOVEMBER 29, 2021

The company had been using the name for several years in the payday loan business, and in 2012 expanded into pawn shops and then filed for registration for that usage in 2013. The USPTO then granted the registrations associated with the new uses. They are virtually identical and associated with identical services.

Trademark Law 80

Trademark Law Trademark Law Registration 80

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 21, 2021

The complainants sought a limited exclusion order at the ITC to bar the importation of Rebenet’s products into the United States. This case is an extension of our longtime work defending the intellectual property rights of Chinese companies in the U.S.

Intellectual Property 52

Intellectual Property Litigation Trademark Patent 52

LexBlog IP

FEBRUARY 22, 2022

Recently the Federal Circuit reversed a district court’s grant of summary judgment of no invalidity of a design patent under the on-sale bar provision of 35 U.S.C. § Defendants appealed to the Federal Circuit. § 102. Medical Components, Inc. , 2021-1649 (Fed. ” Id. Wells Elecs., 55, 67–68 (1998).

Designs 52

Designs Design Design Patent Contracts 52

Erik K Pelton

MARCH 11, 2022

“The Federal Trade Commission (“Commission”) proposes to commence a rulemaking proceeding to address certain deceptive or unfair acts or practices of impersonation. Pelton & Associates, PLLC Regarding the FTC’s Proposed “Trade Regulation Rule on Impersonation of Government and Businesses”. . Pelton & Associates, PLLC.

Government 147

Government Business Trademark Blogging 147

Patently-O

FEBRUARY 1, 2022

Companies and trade associations were broadly classified as “High Tech” (18%) or “Life Sciences” (14%). Notable commenters in this camp include the American Civil Liberties Union (ACLU), Google, and the Association of American Medical Colleges (AAMC). . Figure 1 below shows the breakdown of industry affiliation of submitters.

Patent 122

Patent Invention Technology Marketing 122

Patently-O

AUGUST 30, 2022

” This same rule is found within Rule 18 of the Federal Rules of Criminal Procedure: “the government must prosecute an offense in a district where the offense was committed.” In the case, the Gov’t asked for an effects test — arguing that the company StrikeLines felt the effect of the theft in Pensicola.

Government 81

Government Art Business Patent 81

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 16, 2022

Federal Register, Vol. In view of this notice, life sciences companies should consider involving patent counsel in the review of relevant FDA submissions for possible inconsistencies with PTO filings and determination of the appropriate course of action where material inconsistencies are found to exist. 145, July 29, 2022.

Patent Prosecution 76

Patent Prosecution Due Diligence Reporting Inventor 76

The IPKat

MARCH 17, 2022

Part III proposes a new Nigerian Geographical Indication Registry which shall be domiciled in the Federal Ministry of Industry, Trade, and Investment. After examination, publication in Federal Gazette or 2 national dailies will be made. Part IV contains the general process for application to register GI.

Intellectual Property 74

Intellectual Property Registration Government Law 74

Patently-O

DECEMBER 13, 2023

by Dennis Crouch This post gets into some weeds about obviousness type double patenting stemming from the Federal Circuit’s new decision in Institut Pasteur. This case provides additional insight into the doctrine of obviousness-type double patenting and the ongoing high bar set by the Federal Circuit for overcoming such rejections.

Patent 53

Patent Patent Application Art Ownership 53

Technology & Marketing Law Blog

FEBRUARY 16, 2022

The court correctly says that Edible IP can have a property interest in the “Edible Arrangements” name and associated goodwill, and state trademark law statutorily protects those property interests. Companies on my shitlist include: 1-800 Contacts, Overstock…and now Edible Arrangements. Greenberg v.

IP 132

IP Advertising Advertising Trademark Law 132

Technology & Marketing Law Blog

AUGUST 3, 2021

My summary of the statute: Scope of coverage : The statute applies to causes of action based on: (1) a person’s statement to a governmental body; (2) a statement on an issue under consideration by a governmental body; and (3) an exercise of someone’s First Amendment rights under the state or federal constitutions “on a matter of public concern”.

Law 144

Law Litigation Government Advertising 144

LexBlog IP

AUGUST 24, 2023

We anticipate that more state legislatures will continue to enact privacy laws to protect consumers due to the absence of a federal privacy law. Businesses will be barred from discriminating against consumers who exercise their rights under the law and will be required to secure data processing agreements with service providers.

Privacy 40

Privacy Law Business Higher Education 40

LexBlog IP

APRIL 17, 2023

Abitron explained that since the Lanham Act does not state that it applies in foreign countries, federal courts have been inconsistent in applying the statute. companies, like Hetronic , that conduct business worldwide. Abitron further explained that the Supreme Court in Steele v. Bulova Watch Co., Multiple amici also filed briefs.

Trademark 52

Trademark Intellectual Property Law Intellectual Property Law 52

Patently-O

OCTOBER 18, 2023

18, 2023) , the Federal Circuit addressed whether fraud in a declaration of incontestability justifies cancelling the underlying trademark registration. The case also raises important issues associated with our ever-more-powerful administrative state. Great Concepts appealed the cancellation order to the Federal Circuit.

Registration 64

Registration Trademark Law Registering Trademarks 64

JIPL Online

FEBRUARY 26, 2021

ii] Further, the Court barred a per se rule that a “generic.com” mark is automatically generic and thus cannot be trademarked. com” is no different than a company adding “inc.” may not be trademarked because it signifies only a booking company. The second problem Justice Breyer has is that adding “.com” Consumer Surveys.

Trademark 98

Trademark Registration Trademark Law Advertising 98

The IPKat

DECEMBER 7, 2021

First, for the sake of good order, Lederer means by the term patent trolls an abuse of the patent system, in which— low-quality patents that are asserted against innovative companies by entities that often don’t even make any products. For Lederer, alleged costs are a key metric associated with patent trolling. Who is the culprit?

Patent Troll 121

Patent Troll Patent Litigation Inventor 121

IP Tech Blog

DECEMBER 20, 2023

the Federal Circuit confirmed that an appropriately crafted skinny label cannot be the basis for a finding of infringement. The Court appears to have acknowledged as much, stating, “[s]ome drugs for the treatment of depression are associated with high rate of sexual dysfunction” and “[c]ognitive impairment is very common in MDD patients.”

Patent 62

Patent Litigation Marketing Marketing 62

JIPL Online

APRIL 7, 2021

Instead of pursuing a route of lowering licensing prices to compete with the counterfeit market, sports teams and universities such as Duke have instead been using trademark law as a sword to maintain the status quo of licensing monopolies, filing federal lawsuits alleging trademark infringement. for a Ronald Acuña jersey.

Marketing 98

Marketing Marketing Licensing Trademark Law 98

The IP Law Blog

MARCH 2, 2021

3, January/February 2021, by the American Bar Association. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. Romag solidi?es

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

LexBlog IP

MARCH 28, 2023

1125(c)(3)(C), thus barring as a matter of law a claim of dilution by tarnishment under the Trademark Dilution Revision Act (TDRA). It bars using marks for any goods when likely to cause confusion as to origin, sponsorship, or approval. But the Lanham Act has no exceptions for expressive works.

Branding 52

Branding Brands Branding Trademark 52

IP and Legal Filings

FEBRUARY 26, 2024

The analysis covers the challenges and opportunities associated with legalizing online sports betting, with a focus on addressing issues like match-fixing, revenue generation, and black money circulation. It highlights the need for a clear and comprehensive policy for online betting and gambling in the country.

Law 69

Law Licensing Government Advertising 69

LexBlog IP

MARCH 28, 2023

§ 1125(c)(3)(C), thus barring as a matter of law a claim of dilution by tarnishment under the Trademark Dilution Revision Act (TDRA). It bars using marks for any goods when likely to cause confusion as to origin, sponsorship, or approval. But the Lanham Act has no exceptions for expressive works.

Branding 52

Branding Brands Branding Trademark 52

LexBlog IP

DECEMBER 20, 2023

the Federal Circuit confirmed that an appropriately crafted skinny label cannot be the basis for a finding of infringement. Takeaways The Federal Circuit’s opinion clarifies and confirms that the filing of a Paragraph IV certification pursuant to 21 U.S.C. § In the case of H. Lundbeck A/S et al. Lupin et al. , § 271(a).

Patent 52

Patent Litigation Marketing Marketing 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. Computer Associates International, Inc., This logic has been adopted by the Fifth, Eleventh, and Federal Circuits (and maybe the First Circuit). 2d 426, 433 (8th Cir.1993)

Blogging 84

Blogging Copyright Contracts Cease and Desist 84

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

1514 (2017), and the Federal Circuit’s application of it in Valeant Pharms. The Federal Circuit in Celgene Corp. The Federal Circuit affirmed the dismissals. The Federal Circuit rejected this argument, noting that receipt of the letter occurs after and apart from submission of the ANDA. Kraft Foods Group , 137 S.

Business 52

Business Branding Brands Branding 52

43(B)log

AUGUST 17, 2021

Electra quoted with approval a district court’s reasoning that “[t]he misappropriation of a completely anonymous face could not form the basis for a false endorsement claim, because consumers would not infer that an unknown model was ‘endorsing’ a product, as opposed to lending her image to a company for a fee.” It’s all Polaroid.

Social Media 59

Social Media False Advertising Advertising Advertising 59

Patently-O

AUGUST 4, 2021

In July 2021, South Africa’s patent office, the Companies and Intellectual Property Commission (CIPC), granted the South African DABUS patent application, which was published in the South African Patent Journal. These same factors appear to have come into play in the South African decision, though to a clearly different outcome.

Invention 128

Invention Patent Inventor Intellectual Property 128

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 26, 2021

federal courts, the International Trade Commission, and at the Federal Circuit. That said, our offices do line up strategically in key regions where there are large concentrations of technology and life sciences companies, like Atlanta, Boston, New York, Twin Cities, Southern California, Silicon Valley, and Shenzhen, China.

Litigation 40

Litigation Technology Business Patent 40

TorrentFreak

JANUARY 29, 2023

The Federation Against Copyright Theft, which acts for the Premier League, SKY, and BT Sport, came up with a solution – Section 11 of the Fraud Act 2006 , which criminalizes the act of obtaining any kind of service dishonestly. A stronger, criminal angle might prove more persuasive.

Television 128

Television Copyright Reporting Law 128

Fish & Richardson Trademark & Copyright Thoughts

JUNE 15, 2022

Principal Kenneth Darby and Associate Casey Kraning discuss the PTAB’s precedential decision in Sotera Wireless, Inc. 2 Nearly twelve months later, just ahead of the one-year statutory bar, Sotera petitioned for IPR of all nine patents. Reynolds Vapor Company v. Masimo Corporation. PDF copy available.

Art 88

Art Journalism IP Litigation 88

Patently-O

SEPTEMBER 13, 2021

The decision is significant as it is the first by the Fifth Circuit to address the licensing of standards-essential patents and the meaning of “fair, reasonable and nondiscriminatory” (FRAND) licensing terms, adding to the growing body of jurisprudence already issued by the Third, Ninth and Federal Circuits in this area. at *15).

Licensing 56

Licensing Contracts Patent Law Law 56