Plagiarism Today

OCTOBER 7, 2021

First off today, Blake Brittain at Reuters reports that the Second Circuit Court of Appeals has upheld a $845,000 award of attorneys fees and costs to the radio station company Spanish Broadcasting System Inc. The lawsuit was filed by Latin American Music Company Inc.

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Music Plagiarism Licensing Government 183

43(B)log

OCTOBER 9, 2023

Zinus, Inc., Amazon responded by shutting down 4Moda’s Amazon webpage, which allegedly caused Cap Export to lose sales of its bed-in-a-box products. Cap Export, LLC v. 2023 WL 6381821, No. 2:21-cv-07148-JWH-MRWx (C.D. Among other things, Defendants’ counsel sent a letter to Cap Export’s customer 4Moda Corp. and to Amazon.

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False Advertising Patent Infringement Patent Advertising 104

IPilogue

JUNE 16, 2022

On April 07, 2022, the Federal Court of Canada released its judgment in favour of the plaintiffs in the patent infringement action against Munchkin Inc. In 2016 , the plaintiffs – Angelcare Development Inc., Edgewell Personal Care Canada ULD, Playtex Products, LLC and Angelcare Canada Inc. v Weatherford Canada Inc.

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Patent Infringement Patent Designs Design 106

IP Watchdog

AUGUST 18, 2022

Court of Appeals for the Federal Circuit (CAFC) today affirmed a district court’s finding that Eagle Pharmaceuticals, Inc.’s s abbreviated new drug application (ANDA) does not infringe two patents owned by Par Pharmaceutical, Inc., Par Sterile Products, LLC, and Endo Par Innovation Company, LLC (collectively, Par).

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Patent Patent Infringement Litigation Intellectual Property 72

Above the Fold

JULY 7, 2023

Hetronic International, Inc. Hetronic ) was the original case, a trademark dispute between plaintiff Hetronic, an American company, and Abitron, et. several European defendant companies who were accused of infringing on Hetronic’s trademarks. s worldwide sales under the trademarks that infringed on Hetronic’s mark.

Trademark Law 64

Trademark Law Trademark Law Business 64

43(B)log

JANUARY 17, 2024

Ultra Bond makes patented products for vehicle glass repairs, specifically for long cracks, and performs those repairs; it accounts for over 50% of national long-crack repair product sales. The vast majority of Safelite’s sales come from insurance reimbursement. Campfield v. Safelite Gp., 4th -, 2024 WL 164976, Nos.

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False Advertising Marketing Marketing Advertising 64

LexBlog IP

JANUARY 18, 2024

2022-1194, 2022-1208, and 2022-1246 (December 7, 2023) , the Federal Circuit held that generic pharmaceutical companies may continue to use skinny labels to avoid infringement of method of treatment claims as long as they do not engage in advertising or promotional activities that encourage infringement of the patents. Lundbeck A/S, et al.

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43(B)log

MARCH 14, 2024

Crocs, Inc., The press release announced a judgment of infringement against USA Dawgs and Double Diamond Distribution as a result of both companies’ sales of imitation Crocs shoes. In conjunction therewith, Crocs also obtained $6 million and $55,000 in damages, respectively, against the companies. 2024 WL 1051951No.

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False Advertising Advertising Advertising Branding 59

The TTABlog

MAY 1, 2023

May 9, 2023 - 10 AM [In-person]: In re International Technology Law Association, Inc. May 9, 2023 - 1 PM [In-person]: In re MercadoLibre, Inc. May 9, 2023 - 1 PM [In-person]: In re MercadoLibre, Inc. May 9, 2023 - 1 PM [In-person]: In re MercadoLibre, Inc. May 9, 2023 - 1:30 PM [In-Person]: In re MercadoLibre, Inc.

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Branding Brands Branding Designs 58

Patently-O

MARCH 4, 2024

The question: Under the AIA, does sale of a product by the patent applicant prohibit the patentee from later patenting the process used to make the product? The ITC ruled for Jinhe, holding that Celanese’s patent claims were invalid under the on-sale bar. Auld Company v. Garlock, Inc. , v ITC , 22-1827 (Fed.

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Patent Invention Inventor Patent Application 40

IP Intelligence

MAY 9, 2022

Venture, Inc., This case touched on a number of issues, including experimental-use doctrine, on-sale bar, infringement and damages awards. In this article, we will focus on the experimental-use doctrine and the on-sale bar. Venture appealed, challenging the District Court’s rejection of the on-sale bar defense.

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Inventor Invention Patent Marketing 52

IP Tech Blog

AUGUST 3, 2023

Hetronic International, Inc. The plaintiff in this case, an American supplier of industrial automation tools, sued an Italian company under the Lanham Act based on its alleged sale of gray market, used, and counterfeit products both in the United States and Europe. The case is Rockwell Automation, Inc. Parcop S.R.L.

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Litigation Trademark Blogging IP 52

LexBlog IP

AUGUST 3, 2023

Hetronic International, Inc. The plaintiff in this case, an American supplier of industrial automation tools, sued an Italian company under the Lanham Act based on its alleged sale of gray market, used, and counterfeit products both in the United States and Europe. The case is Rockwell Automation, Inc. Parcop S.R.L.

Litigation 52

Litigation Trademark Reporting Marketing 52

LexBlog IP

MAY 9, 2022

Venture, Inc., This case touched on a number of issues, including experimental-use doctrine, on-sale bar, infringement and damages awards. In this article, we will focus on the experimental-use doctrine and the on-sale bar. Venture appealed, challenging the District Court’s rejection of the on-sale bar defense.

Inventor 52

Inventor Invention Patent Marketing 52

TorrentFreak

DECEMBER 15, 2023

targeting various players in the IPTV ecosystem, the company maintains a long tradition of legal action that aims high and goes in hard. Whether that will apply to defendants Massive Wireless, Inc., ” DISH alleges that New York resident Khaled Akhtar is the CEO of Massive Wireless, Inc.,

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Cease and Desist Copyright Infringement Branding Brands 81

IP Law 360

JANUARY 31, 2023

A Delaware bankruptcy judge will allow bankrupt biopharmaceutical company Achaogen Inc. to go forward with claims that an Indian company interfered with its attempt to auction off two of its antibiotics even though it didn't yet have a binding sales contract.

Contracts 40

Contracts 40

JD Supra Law

JULY 1, 2022

MEENAXI ENTERPRISE, INC. THE COCA-COLA COMPANY - Before Dyk, Reyna, and Stoll. Summary: To maintain a statutory cause of action under the Lanham Act for activities solely conducted outside the United States, the claimant must provide concrete evidence of reputational injury or lost sales. By: Knobbe Martens

Trademark 52

Trademark 52

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.

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Invention Contracts Licensing Inventor 82

Indiana Intellectual Property Law

OCTOBER 27, 2023

Crawfordsville, Indiana – Plaintiff, Banjo Corporation (formerly known as Terra-Knife and Terra-Products) is suing Fontanet, Indiana company, Green Leaf, Inc. also known as TerreMax ) for Trademark infringement under 15 U.S.C. 1114(1) , unfair competition , use of false designations of origin and false advertising under 15 U.S.C.

False Advertising 52

False Advertising Trademark Advertising Advertising 52

IP Law 360

JULY 29, 2022

Bankrupt Armstrong Flooring Inc. is moving ahead with sales of its assets in China, Australia and New Zealand after getting a bankruptcy court's approval for a $1 million settlement with the company's former parent Armstrong World Industries Inc. over trademark rights.

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Settlement Trademark 40

JD Supra Law

MAY 31, 2022

A jury in Virginia has awarded software company Appian Corp. more than $2 billion in damages, finding that its competitor, Pegasystems Inc., had stolen its trade secrets. By: AEON Law

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Government Reporting Patent Law 52

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 1, 2022

NXP USA, Inc., SMC Networks, Inc., d/b/a/ IgniteNet, Micron Technology, Inc., NVIDIA Corporation, Advanced Micro Devices, Inc., Qualcomm Technologies, Inc., Motorola Mobility, LLC, and Western Digital Technologies, Inc., 3647; Bell Semiconductor, LLC, filed a complaint against Analog Devices, Inc.,

Technology 68

Technology Television Patent 68

Indiana Intellectual Property Law

MARCH 30, 2023

Portland, Indiana – Plaintiff Alexander Bayonne Stross (‘Stross”) has filed suit against Defendants, Lynn Boolman Auto Sales Limited Liability Company and CARSFORSALE.COM, INC. Defendant, Lynn Boolman Auto Sales is a used car dealership located in Portland, Indiana created in 2013, per the Indiana Secretary of State.

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Copyright Infringement Copyright Artistic Work Copying 52

LexBlog IP

MARCH 18, 2024

The use of an AI tool to, for example, record a meeting that discusses company confidential information, can give rise to claims of trade secret misappropriation. District Court for the District of Connecticut, [1] two Nebraska-based technology companies sued a former salesman for trade secret misappropriation.

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Confidentiality Technology Contracts Reporting 52

Trading Secrets

JUNE 13, 2022

As a result, NFTs and companies that market their sale and trades are becoming more common in the marketplace. And due to the unique aspects of the industry, including the technology that facilitates the sale and trading of NFTs, it is ripe for trade secret protections under the law. Notably, in the complaint, Banq.,

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Non-Fungible Tokens Technology Confidentiality Ownership 59

U.S. Department of Commerce

JULY 14, 2022

companies and organizations with the President’s “E” or “E Star” Award. This year, nine companies were honored with the “E” Award for Exports for demonstrating a sustained increase in export sales over a four-year period. Best Buy Grocers, Inc, Seattle, Washington. Control Station, Inc., MGK International, Inc.,

Business 62

Business Reporting Marketing Marketing 62

The TTABlog

APRIL 19, 2024

Eureka Chemical Company v. Kellsport Industries Inc. Kellsport's evidence regarding its sales was vague Its sales and advertising figures, without any context in the trade, "are not so impressive as to support a finding" that WOOLWAX has acquired distinctiveness. Not good enough, said the Board. Opposition No.

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Advertising Advertising Registration Marketing 58

Patently-O

AUGUST 13, 2021

Centripetal Networks, Inc. Cisco Systems, Inc. , Substantial evidence, including advertisements, reviews, and testimony from a Sourcefire company employee, supports the Board’s finding that those interested and of skill in the art actually purchased Sourcefire. Centripetal Networks, Inc. 102(a)(1). 869, 877 (Fed.

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Confidentiality Advertising Advertising Invention 91

IP Law 360

JULY 25, 2022

Bankrupt Armstrong Flooring Inc. asked a Delaware judge Monday to fast-track approval for a $1 million settlement of a trademark dispute, citing worries that a licensing company's quick appeal from a Friday order to surrender the rights could derail Armstrong Flooring's Chapter 11 sale.

Trademark 40

Trademark Settlement Licensing 40

LexBlog IP

APRIL 13, 2023

But VirnetX is a publicly traded company and is required to disclose information a patent troll wouldn’t dare make public. The licensees of these patents are typically large telecommunication companies who are ubiquitous in the electronics industry. ” Presidio Components, Inc. American Technical Ceramics Corp. ,

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Patent Troll Settlement Licensing Confidentiality 52

43(B)log

MARCH 6, 2024

Meta Platforms, Inc., 5, 2024) Metroplex, a local advertising company, brought a putative class action against Meta for unfair competition. Lost sales could be plausibly inferred by these allegations. Metroplex Communic., 2024 WL 940127, No. 22-cv-1455-SMY (S.D.

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Advertising Advertising Business False Advertising 59

Patently-O

OCTOBER 28, 2022

Most focused on sales folks leaving and soliciting customers. Schnitzer Steel Industries, Inc. Dingman was fired in June 2022 and then formed a competing company to purchase and recycle catalytic converters. Dingman was fired in June 2022 and then formed a competing company to purchase and recycle catalytic converters.

Cease and Desist 61

Cease and Desist Confidentiality Marketing Marketing 61

LexBlog IP

MARCH 28, 2023

Celltrion and Genuv Inc., a Seoul-based a clinical-stage biotechnology company focused on drug discovery, entered a partnership last week to develop novel therapeutic antibodies using Genuv’s SHINE MOUSE platform. billion in sales of a candidate antibody.

Technology 52

Technology Intellectual Property 52

43(B)log

MARCH 4, 2024

After Albion added hard-to-remove country of origin markings, Newborn’s sales increased fifty percent. In fighting disgorgement, Albion pointed to other factors driving sales. Many distributors carry just one vender; many parties who sell private label products use only one manufacturer. million, meeting Newborn’s burden.

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False Advertising Advertising Advertising Marketing 45

LexBlog IP

NOVEMBER 7, 2023

” Background Cyntec Company, Ltd. (“Cyntec”) owns patents directed to electronic components for automobiles known as chokes. Fairchild Semiconductor International, Inc. , Chokes are generally fabricated by wrapping a magnetic core with insulated wire. In the first case, Power Integrations v. 3d 1348, 1357 (Fed.

Art 52

Art Licensing Marketing Marketing 52

IP Tech Blog

FEBRUARY 9, 2022

Teva Pharmaceuticals USA, Inc. , the Supreme Court held that an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can create an on-sale bar under AIA §102(a). 102 modified pre-AIA law regarding the sale of products made with a secret process. 102(a)(1). 35 U.S.C. §

Invention 57

Invention Confidentiality Public Use Patent 57

Technology & Marketing Law Blog

NOVEMBER 27, 2022

Airbnb, Inc., The allegations of negligence are based on “users often upload[ing] items for sale.” The “policy of section 230 is to avoid” the chilling of speech “by the imposition of tort liability upon companies that do not create potentially harmful messages but are simply intermediaries for their delivery.” [ Doe v.

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Social Media Publishing Designs Design 93