Patently-O

SEPTEMBER 6, 2022

Allergan, Inc. , Allergan Inc. , Here, the basis of Silbersher claim stem from the prosecution history files of the Allergan patent applications. On appeal, the Federal Circuit concluded that the patent prosecution files stemmed from an administrative hearing and thus qualifies as an “other Federal … hearing.”

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Patent Law Law Patent Prosecution Patent 60

LexBlog IP

OCTOBER 9, 2023

The passion rose to a level that LBJ Trademarks LLC, LeBron James’ company, filed to register TACO TUESDAY as a trademark. As of the writing of this blog post, there are 33 outstanding trademark applications filed by Prime Time Enterprises, Inc., Deion Sanders’ company.

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LexBlog IP

APRIL 28, 2022

Last week, Mediant Communications Inc. District Court for the Southern District of New York stemming from a 2019 data breach in which hackers accessed 200,000 individuals’ personal information from its proxy investor communication service. Mediant) settled a class action lawsuit in the U.S.

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LexBlog IP

OCTOBER 2, 2023

Metro-Goldwyn-Mayer, Inc. , The case is styled Warner Chappell Music Inc. The basis for the legal question stems from the U.S. Scholastic Inc. , This is the situation that Nealy and his music company are potentially facing as the respondents in the suit. 663 (2014). ” 17 U.S.C. § § 507. LLC , 39 F.4th

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Music Television Copyright Licensing 52

Patently-O

FEBRUARY 23, 2023

Bard, Inc. Components, Inc. 17, 2023) In Blonder-Tongue Laboratories, Inc. Johnson & Son, Inc., Bard, Inc. Components, Inc., On appeal, the Federal Circuit reversed, explaining: We are bound by our precedent in C R Bard Inc. AngioDynamics, Inc., InfoBionic, Inc. , 3d 1372 (Fed.

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Patent Invention Litigation Art 54

IPilogue

MARCH 22, 2022

Companies put forth that they have a limited number of qualified applicants who are diverse and this smaller applicant pool drives to disparities in the workplace, as opposed to peoples’ internal biases. It was inspiring to see women from diverse career paths, as not all started as IP professionals or were even sure of entering the IP space.

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IP Intellectual Property Technology Litigation 119

43(B)log

APRIL 29, 2024

Hetronic International, Inc. It executed licensing and distribution agreements for the remotes with two European companies, collectively Abitron. 1117; see also 1-800 Contacts, Inc. WhenU.Com, Inc., Orris, Inc., Apple Inc., Hetronic Germany GmbH, F.4th 4th -, Nos. Citation: 15 U.S.C. 3d 400, 412 (2d Cir.

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Technology & Marketing Law Blog

FEBRUARY 27, 2022

And it told us that “liability under both clauses [of the CFAA] stems from a gates-up-or-down inquiry—one either can or cannot access a computer system, and one either can or cannot access certain areas within the system.” The cases involve The Points Guy, LLC (“TPG”) and American Airlines, Inc. (“AA”). Power Ventures, Inc.

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BYU Copyright Blog

SEPTEMBER 12, 2022

Nicholas Youngson, (the photographer who created the image), Youngson's company (RM Media, Ltd.), NFPT sought damages as well as illegitimate profits stemming from the alleged infringement, and Carrington countered by filing a Motion to Dismiss for failure to state a claim and for lack of personal jurisdiction. Pearson Education, Inc.

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Velocity of Content

NOVEMBER 11, 2021

The company said it had been working with the Alliance since October 2019, when France introduced a copyright[?adjacent] Any legislative action stemming from such a study would likely be several sessions away. Upcoming Nov 8 th : US Supreme Court to hear Unicolors, Inc. H&M Hennes & Mauritz, LP.

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Patently-O

NOVEMBER 29, 2023

In Allgenesis Biotherapeutics Inc. Article III standing stems from the Constitutional requirement that federal courts only decide actual “cases” and “controversies” and avoid speculative advice administration. Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law.

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Art Business Patent Settlement 48

The IPKat

APRIL 4, 2023

Ferrari accused the game's publisher of unfair and parasitic competition and infringement of the company's image rights. In a case involving helicopters in the Battlefield video game, Textron Inc., This artistic freedom stems from a deep-rooted respect for the principles of free speech and expression.

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Intellectual Property IP Intellectual Property Law Art 132

LexBlog IP

APRIL 25, 2023

Direct Biologics sues former employee, his new employer Direct Biologics is a biotechnology company in the regenerative medicine field, which manufactures biologically derived pharmaceutical products, including stem cell therapies and tissue regeneration grafts. Adam McQueen et al. ,

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LexBlog IP

AUGUST 22, 2022

2022) the United States Court of Appeals for the Federal Circuit (“CAFC”) reversed a Trademark Trial and Appeal Board (“TTAB”) decision cancelling two registrations for marks identical to those used outside of the US by The Coca-Cola Company (“Coca-Cola”). Under Lexmark International, Inc.

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Patently-O

DECEMBER 14, 2023

It seems that the direct conflict is basically (1) Non-payment of Ramey LLP’s legal fees by AiPi, Inc. But, at least at one level, the animosity appears to stem from the non-payment. which purportedly controls the plaintiff CTD Networks LLC) and (2) Animosity between Ramey LLP and AiPi/Whitestone Law PLLC.

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Litigation Law Patent Prosecution Patent 51

43(B)log

OCTOBER 25, 2021

MGFB Properties, Inc. ViacomCBS INC., The Eleventh Circuit adopted Rogers , but did not specify whether it was adopting the Rogers title-v-title footnote, so the court here turned to subsequent Second Circuit precedent, specifically Cliffs Notes, Inc. Bantam Doubleday Dell Publishing Group, Inc., Wal-Mart Stores, Inc.,

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Artistic Work Social Media Television Trademark 59

Patently-O

DECEMBER 6, 2021

These limitations stem back more than 100 years, and the “limitation” offered in TC Heartland might be more properly seen as a rejection of venue-expansion by the Federal Circuit. One gap in the Supreme Court’s analysis in TC Heartland is how to treat foreign companies. Kockum Industries, Inc., 706 (1972).

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False Advertising Patent Infringement Patent Advertising 76

The IP Law Blog

APRIL 28, 2022

Over two and a half years ago, this column analyzed a Ninth Circuit case titled HiQ Labs, Inc. The Ninth Circuit concluded that this “gates up or down inquiry” was not inconsistent with the three-category dichotomy it had set forth earlier.

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Cease and Desist Business Law Licensing 98

LexBlog IP

SEPTEMBER 15, 2022

But NFTs are separate and distinct from the digital items they are meant to authenticate, making it extremely difficult to assign title to the various intellectual property rights stemming from the sale of each NFT. Roc-A-Fella Records, Inc. Nike, Inc. Yuga Labs, Inc. Dash , Case No. 1:21-cv-05411, U.S. Ripps , Case No.

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IP Non-Fungible Tokens Artwork Intellectual Property 52

LexBlog IP

APRIL 18, 2022

The Court will review a Second Circuit decision holding Andy Warhol’s set of silkscreened portraits of Prince (“Prince Series”), stemming from an original photograph, were not transformative.

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Fair Use Copyright Art Copyright Law 40

LexBlog IP

APRIL 28, 2022

Over two and a half years ago, this column analyzed a Ninth Circuit case titled HiQ Labs, Inc. ” The Ninth Circuit concluded that this “gates up or down inquiry” was not inconsistent with the three-category dichotomy it had set forth earlier.

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Cease and Desist Business Licensing Law 40

43(B)log

SEPTEMBER 8, 2021

Orgain, Inc. Likewise, there was evidence that other companies in the nutritional supplement market use “organic protein” generically in connection with their products. Query: what happens if the jury concludes that the confusion stemmed primarily or entirely from generic use of “organic protein”? 2021 WL 1321653, No.

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

In November 2019, the agency sent warning letters to 15 companies, but it has taken little further action since then. Trademark protection is available for cannabis companies (canna-brands) through a combination of federal, state, and common law sources. Pure Hemp Collective, Inc. ,

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IP Registration Trademark Branding 52

Patently-O

SEPTEMBER 2, 2022

The pending appeal in Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc. Swisa, Inc. , Home Expressions Inc. , ’ On open question is how this focus should play out in the infringement analysis under Egyptian Goddess, Inc. Swisa, Inc. , Seirus Innovative Accessories, Inc.

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Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

As of the March 23, 2020 transition, however, all “biological product” applications previously approved under the FD&C Act were “deemed” approved under the PHS Act, and companies can now seek biosimilars and interchangeables of these biological products. As noted above, companies are already taking advantage of these new designations.

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Settlement Litigation Marketing Marketing 52

U.S. Department of Commerce

OCTOBER 8, 2021

Growing up in Miami, Judy was inspired by engineers in her family and internships with a forensic engineering firm and encouraged by her schoolteachers to pursue a career in STEM. She regularly participates in workshops, webinars and seminars aimed at supporting the budding careers of women and underrepresented minorities in STEM fields.

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43(B)log

DECEMBER 22, 2023

Macy’s Inc., PIRG’s work appears to primarily focus on company or government policy related to toxins, waste, or climate change. … [M]ost of PIRG’s consumer-related campaigns relate to product safety, food safety, and unfair loan practices. Here's another hurdle to jump, although it's certainly jumpable. 2023 WL 8811499, No.

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False Advertising Advertising Advertising Settlement 59

LexBlog IP

DECEMBER 30, 2022

a $65 million verdict against Goodyear Tire & Rubber Company, and a $105 million verdict against Ford Motor Company. In the past, small companies could not financially stand toe-to-toe with larger adversaries and match them in a costly damages case. See Alice Corp. CLS Bank Int’l , 573 U.S. 208, 134 S. 2347, 189 L.

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Patently-O

FEBRUARY 22, 2023

What made the Delaware orders particularly relevant to this forum’s readers is that Delaware is a hub for patent infringement litigation—it perennially one of the three busiest districts in the nation, by wide margin over most districts—in no small part because Delaware is a popular location to incorporate large companies. [26] 8, 2023). [12]

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Litigation Reporting Settlement Government 124

SpicyIP

FEBRUARY 26, 2024

Kevin discusses his thoughts on the ability of High Courts to hear rectification petitions in light of the recent DHC order in Hershey Company vs Dilip Kumar Bacha. Clover Centrum vs Clover Network Inc. Addressing the High Court Jurisdiction Vacuum Post-IPAB vis-a-vis Cancellation Petitions under the Trademark Act. Defendant no.3

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Trademark Copyright Registration Designs 59

SpicyIP

NOVEMBER 13, 2023

Lokesh covers another super interesting round of discussions stemming from SpicyIP’s Octobers (2005-present)! Patanjali Ayurved Ltd vs Meta Platforms Inc & Ors. The Polo/ Lauren Company L.P Read Yogesh’s take on this to know more.

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Trademark Copyright IP Registration 59

43(B)log

JANUARY 3, 2024

Peninsula Components, Inc., There’s a factual dispute over whether Peninsula’s use of Penn Engineering’s trademarks in its “PEM Family of Marks” (based on the name of its holding company) in Google search advertisements stemming from three ad vendors constituted an intent to confuse. Penn Engineering & Manufacturing Corp.

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False Advertising Advertising Advertising Trademark 59

SpicyIP

APRIL 17, 2023

At issue in Lt Overseas North America Inc & Anr. Case S ummaries Karnataka High Court sets aside the order of the Regional Director, Corporate Affairs, on failure to consider the interplay between Section 16 of Companies Act and Trademarks Act. 2 (Lulu Mall). 2 (Lulu Mall). Not re-examining the re-fled application.

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Advertising Advertising Confidentiality Trademark 105

IIPRD

DECEMBER 28, 2021

The economic value of music stems from the intellectual property (IP) rights associated with creative works, their performance, and transmission, in addition to its fundamental human and cultural value. record companies and broadcasters). One famous instance of this is when Wixen Music Publishing Inc.

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Music Intellectual Property Copyright Copyright Law 40

43(B)log

APRIL 27, 2022

Spokeo, Inc., Under California law, the right of privacy protects against injury to the feelings/peace of mind, and Indiana and Ohio courts have indicated that their statutory rights also stem from the common-law right of privacy. 2022 WL 1157500, No. 3:21-cv-08976-WHO (N.D. Spokeo didn’t show that.

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Patently-O

DECEMBER 14, 2021

Eligibility : American Axle & Manufacturing, Inc. Apple Inc. , Dropbox, Inc. , The petition has received amicus support as has a parallel petition in Apple Inc. ” More Appellate Standing : A third PTAB related appellate standing case is Apple Inc. Genentech, Inc. , Neapco Holdings LLC , No.

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Patent Law Law Patent Licensing 86

IP and Legal Filings

MARCH 28, 2023

Demystification of Shri Sonam Sharma v Apple Inc. & Additionally, the substitutability of goods or services depends on their price, and Big Tech companies that supply free products or services in exchange for data can render price-based criteria obsolete. & Ors 2011 and Ramakant Kini v Dr. L.H.

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