The TTABlog

FEBRUARY 18, 2022

In re Moxley Homes, LLC , Serial Nos. In re Hyundai Motor Company , Serial No. Read comments and post your comment here. [Section 2(d) refusal of MISSION PLANITAS for tostadas [PLANITAS disclaimed] in view of the registered mark PLANITAS , in standard character and stylized form, for tortillas.] TTABlog comment: How did you do?

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The TTABlog

JUNE 29, 2022

July 13, 2022 - 10 AM: New Enchantment, LLC v. 92067467 and 92071795 [Petitions for cancellation of two registrations for the mark MIAMO for cosmetics, dietetic foods, and related products, and for medical, human hygiene, and beauty services, in view of the registered mark MII AMO for, inter alia , cosmetics and spa services.]

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Patently-O

APRIL 25, 2024

by Dennis Crouch This post walks through a new petition for writ of certiorari involving claims that Valeant Pharma defrauded the U.S. In these cases, Silbersher is relying on public documents (file histories) which the pharmaceutical companies argue bar the qui tam proceedings under the public disclosure bar. LLC , 584 U.S.

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IP Tech Blog

NOVEMBER 10, 2021

Supreme Court’s 2017 Decision in TC Heartland LLC v. Kraft Foods Group Brands LLC that limited venue in patent cases to jurisdictions where defendants reside or have a regular and established place of business. The post Judge Leonard P. For example, in American Axle Mfg., 101 because it claims a law of nature.

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The TTABlog

SEPTEMBER 27, 2023

Applicant argued that its goods and services “are all related to food and beverage items” while Registrant’s goods are “ancillary goods to [Registrant’s] cosmetics products.” In re AVR Realty Company, LLC , Serial No. Read comments and post your comment here. How do you think this came out? Coggins). Welch 2023.

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The TTABlog

APRIL 22, 2024

Hostess Brands, LLC v. As to the strength of opposer's registered mark, two third-party registrations for non-food items were insufficient to dent the commercial strength of SUZY Q'S, and there was no evidence of use in the marketplace of SUZY or SUZY Q’S with cake. Read comments and post your comment here. Welch 2024.

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SpicyIP

OCTOBER 9, 2023

People of India might not just be another simple copyright infringement case, argue Nivrati, Swaraj and Praharsh in their post. Other Posts Comments from Other Bodies/ Organizations on the Draft Patent (Amendment) Rules, 2023 Comments from Other Entities on the Draft Patent (Amendment) Rules, 2023! More on this news below!

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IP Tech Blog

NOVEMBER 15, 2023

Cloudbreak Therapeutics, LLC , provides some interesting insights into patent challenge strategies, and their consequences, when a potentially infringing product is not yet on the market. Strategic Implications Allgenesis provides food for thought about product development and IPR strategies.

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The TTABlog

FEBRUARY 15, 2022

The Board found that Applicant AgrotecHemp lacked a bona fide intent to use the mark in commerce because the goods are not in compliance with the Federal Food, Drug and Cosmetic Act (FDCA) and are therefore unlawful. Read comments and post your comment here. 3% THC on a dry weight basis" (Class 5). In re AgrotecHemp Corp. Welch 2022.

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Patently-O

APRIL 16, 2024

The case garnered amicus curiae briefs filed by several innovative pharmaceutical companies in support of the patent owner, Salix Pharmaceuticals. The case involves multiple patents relating to the antibiotic rifaximin, including patents directed towards methods for treating hepatic encephalopathy (“HE”) and polymorph patents. Apotex Inc.,

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LexBlog IP

NOVEMBER 15, 2023

Cloudbreak Therapeutics, LLC , provides some interesting insights into patent challenge strategies, and their consequences, when a potentially infringing product is not yet on the market. Strategic Implications Allgenesis provides food for thought about product development and IPR strategies. ’” Id.

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Technology & Marketing Law Blog

MARCH 10, 2022

They terminated one defendant; and when they learned that the other defendant was moonlighting at “Tito & Tita,” a Mexican food-truck business, they required the other defendant to sign a non-compete. This allegedly caused historic posts to be bylined as “Tito and Tita Langley” rather than “La Baguette.” DLB-21-401 (D.

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The TTABlog

JULY 25, 2022

Rapid claimed priority of use of its mark HUNGR for food ordering application software, and likelihood of confusion with applicant's proposed mark HUNGRY for overlapping software. Srills LLC , 2019 USPQ2d 338409, at *16 (TTAB 2019) (citing Silvestri v. Read comments and post your comment here. Optimal Chem. Motors Corp.,

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LexBlog IP

OCTOBER 8, 2021

This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021. Neapco Holdings LLC , 966 F.3d See American Axle & Manufacturing, Inc. 3d 1347 (Fed.

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Patently-O

NOVEMBER 29, 2023

Guest Post by Jordan Duenckel. He has an extensive background in chemistry, food science, and viticulture. Cloudbreak Therapeutics, LLC , Case No. Jordan is a third-year law student at the University of Missouri and a registered patent agent. Inter partes review is not unique. Inter partes review is not unique. 22-1706 (Fed.

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Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. Pixi Universal, LLC, 2022 WL 909865 (S.D. The post Too Rusty For Krusty–Nickelodeon v.

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LexBlog IP

JULY 21, 2022

The Italian Competition and Market Authority (“AGCM” or “Authority”) has closed an investigation launched in July 2021 against McDonald’s Development Italy LLC (“McDonald”) regarding an alleged violation of art. 9 of Italian Law no.

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The TTABlog

MAY 5, 2023

Lipman Brewing Company, LLC , Serial No. and the evidence of numerous third-party uses of "Blue Moon” for restaurant services and its appearance in many registered marks for food and beverages. Read comments and post your comment here. The Board pooh-poohed that argument, but what about the "something more" requirement?

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SpicyIP

NOVEMBER 15, 2022

Below, you’ll find our quick summary including of four of our posts, 15 court orders passed in the last week, and some notable international developments. In this post , Nikhil analyses the recent decision by a Bangalore Commercial Court to, inter alia, block. Other Posts from the Week. Did we miss anything big?

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The TTABlog

JULY 6, 2021

The Coca-Cola Company v. Corcamore, LLC v. SFM, LLC , 978 F.3d Meenaxi is a purveyor of food products made in India and distributed primarily to Indian grocers in the United States. Read comments and post your comment here. Meenaxi Enterprise, Inc. 2021 U.S.P.Q.2d 2d 709 (T.T.A.B. 3d 1298, 2020 U.S.P.Q.2d

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The TTABlog

JANUARY 4, 2022

This is the first of two (2) posts; the first five (5) selections are set out below. Additional commentary on each case may be found at the linked TTABlog post. Great Management Group, LLC and Chutter, Inc. Great Concepts, LLC , 2021 USPQ2d 1001 (TTAB 2021) [precedential] (Opinion by Judge Marc A. The Coca-Cola Company v.

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IP Tech Blog

FEBRUARY 9, 2022

and Jinhe USA LLC (collectively “Jinhe”). The patents asserted in the investigation claim improvements to a conventional process for making acesulfame potassium (Ace-K) — an artificial sweetener used in foods, drinks, and medicines. Each type of intellectual property protection provides different advantages and disadvantages.

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Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

Following the Supreme Court’s ruling in TC Heartland LLC v. Kraft Foods Group , 137 S. And, while Celgene did identify Mylan job postings asking candidates to live in New Jersey or within reasonably driving distance, the Court criticized these postings because they were undated and not specific to the time the suit was filed.

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Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. In Oakwood Lab’ys LLC v. In the case, a pharmaceutical company sued a former product development employee and his new employer in the District of New Jersey for misappropriation of trade secrets in violation of the DTSA. LLC, Case No.

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The TTABlog

AUGUST 2, 2021

Petitioner Fuji is a Japanese company that makes and has sold massage chairs since 1954. Source Int’l, LLC , 107 USPQ2d 1257, 1263 (T.T.A.B. Tzu Wei Chen Food Co. , Read comments and post your comment here. American Crocodile International Group, Inc. Cancellation No. Respondent ACIGI became Fuji's exclusive U.S.

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SpicyIP

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. Read Jyotpreet Kaur’s post to know more. the larger public interest in assuring early access to the work.

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SpicyIP

DECEMBER 17, 2023

From conflicting positions on AI as a co-author of a work to the contours of information required u/s 39 about the patent applications filed abroad, we had some engaging posts on this blog this week. Read this post by Praharsh and Swaraj to find out more. Read this post by SpicyIP intern Vedika, to know more. ‘AI M/S Loreal S.A

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Patently-O

DECEMBER 13, 2023

Guest Post by Jordan Duenckel. He has an extensive background in chemistry, food science, and economics. Mellaconic IP is a sole member LLC organized under the laws of Texas. That sole member is Hau Bui, a food truck and restaurant operator by day. Is that how you make money, passive income, as you call it?

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The TTABlog

APRIL 10, 2024

Court of Appeals said yes in BBK Tobacco & Foods LLC d/b/a HGI v. The canon noscitur a sociis (a word is known by the company it keeps) instructs that all terms in Section 1119 be read similarly. Read comments and post your comment here. Does it give a court power to invalidate pending trademark applications?

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Technology & Marketing Law Blog

JULY 5, 2021

Kid Car NY, LLC v. LLC, 2021 WL 466975 (S.D.N.Y. Again, the repeated use of ordinary words cannot give a single company a proprietary right over those words, even if an association develops between the words and that company. A company used [competitortrademark].com Whole Foods Market Service, Inc.,

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SpicyIP

JANUARY 8, 2024

Her previous posts can be accessed here. Wrapping up the first week of 2024, here is a brief recap of our hard-hitting post on TKDL, the detailed comments on the draft Calcutta High Court IPR Division Rules, and an informative take on scandalous and obscene trademark prosecution in India. Vedika is a third-year B.A.LL.B.

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SpicyIP

FEBRUARY 5, 2024

Last week we published 9 posts on topics such as the Patent (2 nd Amendment) Rules, the Delhi High Court-Butter Chicken Controversy, and developments regarding the public search and e-register feature of the TMR website. Read Tejaswini’s post on the decision. After an eventful week, here is our recap of its top IP developments.

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The TTABlog

MAY 12, 2023

In re Angel Asset Management LLC , Serial No. T]he record here does not support a finding that consumers are aware that the involved services are offered by unrelated companies under the same or similar marks. Read comments and post your comment here. How do you think this appeal came out? The Board was unimpressed. [T]he

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Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. Post-Grant Challenges at the PTAB. Below, we review these notable developments and more from 2020.

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SpicyIP

JANUARY 16, 2023

Other Posts. Case: M/S Liberty Footwear Company vs M/S Liberty International on 10 January, 2023 (Delhi High Court). Case: Capital Food Private Limited, vs Radiant Indus Chem Pvt. Post the overall comparison of the competing marks, the court may compare the dominant parts of the competing marks, clarifies Delhi High Court.

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Copyright Lately

APRIL 17, 2023

”) and Charming Beats LLC (“We’ll serve you with a smile. Another serial plaintiff is stock image agency Prepared Food Photos , which files lawsuits against people who download food porn. Complex Media posted Minden’s photo over 10 years ago. and a summons.”) Lemurs are still endangered.

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SpicyIP

DECEMBER 12, 2022

In addition to the usual round up of our own blog posts in the last week, we also bring to you 20 case summaries and other important national and international IP developments this week. There is no deadline for the applications and the posts will be open till they are filled. We’re also asking for your help! Case Summaries.

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