Fish & Richardson Trademark & Copyright Thoughts

APRIL 30, 2021

Fish & Richardson obtained a settlement and license agreement for Skull Shaver, LLC, the market leader in uniquely designed and patented handheld electric shavers and personal grooming products, in a patent infringement lawsuit against Magicfly LLC.

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Settlement Licensing Patent Infringement Patent 40

Technology & Marketing Law Blog

MARCH 13, 2022

LVSA sued Groupon for trademark infringement. Melwani sued Amazon for trademark infringement, dilution, and more. With respect to the trademark claim, the court says the Ninth Circuit’s Multi-Time Machine v. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. Purchaser Care.

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Technology & Marketing Law Blog

MAY 13, 2023

Kudos to Nicolet Law for surviving the motion to dismiss, but I’m wondering if it will ultimately regret filing this lawsuit–either because its trademark gets busted or because it made a federal case out of nothing. Troia * Trademark Owner F s Around With Keyword Ad Case & Finds Out–Las Vegas Skydiving v. LoanStreet v.

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Law Advertising Advertising False Advertising 87

Technology & Marketing Law Blog

NOVEMBER 28, 2022

To many trademark owners, it’s a simple decision to sue when the advertiser includes the trademark in the ad copy. So, what exactly is the trademark owner fighting for here? This is a bad ad buy by Allied, AND it’s a bad trademark enforcement decision by Porta-Fab. So why did I say the case was stupid?

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Advertising Advertising False Advertising Trademark 99

Technology & Marketing Law Blog

FEBRUARY 16, 2022

Edible Arrangements objected to Google selling its trademark to trigger keyword ads. They filed a trademark lawsuit in 2018 but abandoned the suit when it got sent to arbitration. The court says that trademark law: permits the use of trade names as long as referencing other brand names does not confuse consumers and is not deceptive.

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IP Advertising Advertising Trademark Law 122

Technology & Marketing Law Blog

DECEMBER 19, 2021

Earlier this year, I blogged a ruling holding that Seeking Arrangements’ trademark infringement claim against Luxy could proceed because Luxy included Seeking Arrangements’ purported trademarks in its keyword metatags. Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless….

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Advertising Advertising Settlement Trademark 104

The IP Law Blog

JANUARY 5, 2023

The party must identify the third-party funder and whether the third-party funder has the right to approve litigation or settlement decisions. Hall, Mavexar, and IP Edge to the formation of Nimitz, its assets, its potential scope of liability from obtaining the patent, and the potential settlement of various cases.

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Litigation Patent Confidentiality Settlement 98

Technology & Marketing Law Blog

AUGUST 30, 2023

The plaintiff has a trademark registration for the “Nursing CE Central” mark for providing continuing education for nurses. A rival, Colibri, displayed in the trademark in its Google keyword ads, but it claims it has stopped doing so after the lawsuit was filed. . ” Actual confused. “Undetermined.” Not relevant.

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Advertising Advertising False Advertising Trademark 82

Technology & Marketing Law Blog

SEPTEMBER 18, 2023

The defendants bought competitive keyword ads on Adler’s trademarks, which Adler objected to. The district court initially dismissed Adler’s trademark claims , but the Fifth Circuit unfortunately revived the claims citing initial interest confusion (UGH). LoanStreet v. Second Circuit Says: Great, Have a Nice Day!–1-800

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Advertising Advertising False Advertising Trademark 78

LexBlog IP

APRIL 13, 2023

Patent trolls leverage the litigation system to negotiate settlements for less than the cost of defending against a lawsuit. Patent trolls normally prefer to keep their operations as confidential as possible, as I wrote about in connection with the District of Delaware. .” How can you tell? ” Presidio Components, Inc.

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Patent Troll Settlement Licensing Confidentiality 52

Technology & Marketing Law Blog

JULY 25, 2021

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. Aliign sued lululemon for trademark infringement. Want to Engage in Anti-Competitive Trademark Bullying? Google. * Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. 1-800 Contacts v.

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Advertising Advertising Settlement Trademark 102

Technology & Marketing Law Blog

AUGUST 17, 2021

Jim Adler runs a personal injury law firm that claims trademarks in JIM ADLER, THE HAMMER, TEXAS HAMMER, and EL MARTILLO TEJANO. It bids on the Adler trademarks for “click-to-call” keyword ads. ” Adler sued for trademark and related claims. ” Adler sued for trademark and related claims.

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Advertising Advertising Trademark Settlement 105

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 18, 2020

Discovery in patent cases often requires parties to produce confidential technical, business, and financial information. How do stipulated protective orders protect confidential information? What types of restrictions do stipulated protective orders impose on the disclosure and use of confidential information?

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Litigation Confidentiality Patent Design 52

43(B)log

SEPTEMBER 7, 2021

The claim for cancellation of the ‘675 Mark was based on fraud in obtaining the trademark registration and misrepresentation of source, whereas their claim for cancellation of the ’549 and ’077 Marks was based on misrepresentation of source alone. Chunma USA, Inc., 2021 WL 1534988, No. 20-CV-0271 (JMF) (S.D.N.Y. and [the] Coach” brand.

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False Advertising Registration Trademark Registering Trademarks 59

LexBlog IP

FEBRUARY 7, 2023

Settlement agreements are typically confidential so the exact arrangement is unclear. Obviously, that would violate the provisions of the licensing agreement entered into by the parties as part of the settlement. So what happened? But what we do know is Sockeye cannot sue a defendant for activity that is already licensed.

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Licensing Settlement Patent Troll Confidentiality 40

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

Troia claimed that he did not use the LoanStreet trademark in commerce. However, the court points out that he referenced the trademark in keyword ads (the court cites Google’s upper-left labeling to reinforce the point), which normally would be a use in commerce. Penn Engineering asserts trademark rights in the term “PEM.”

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False Advertising Advertising Advertising Trademark 95

LexBlog IP

JANUARY 5, 2023

The party must identify the third-party funder and whether the third-party funder has the right to approve litigation or settlement decisions. Hall, Mavexar, and IP Edge to the formation of Nimitz, its assets, its potential scope of liability from obtaining the patent, and the potential settlement of various cases.

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Litigation Patent Confidentiality Settlement 52

SpicyIP

MARCH 25, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the new Patent (Amendment) Rules, and some thoughts on safeguards which can be used by intermediaries to prevent trademark infringement. Anything we are missing out on? Drop a comment below to let us know. Image from here F- Hoffmann -La Roche Ag & Anr v.

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Trademark Patent Copyright Confidentiality 52

Biswajit Sarkar Copyright Blog

SEPTEMBER 17, 2021

Law Protection: An Imperative for Prosperity of Rural Poor and Their Settlement” by V. Natarajan, Joint Registrar of Trademark & GI, India. – Contractual disputes include patent and software licenses, trademark coexistence agreements, and distribution agreements for pharmaceutical products. – Confidentiality.

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Intellectual Property Settlement Registration Confidentiality 40

LexBlog IP

NOVEMBER 28, 2023

If the creator has greater leverage or financial means than the enforcement-targeted business, the result of these demands is often swift settlement. Plainly, predicting the merits of a copyright claim in this realm is extraordinarily difficult, and for many small businesses, settlement is the better part of valor. Associated Press v.

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Fair Use Intellectual Property Settlement Business 52

TorrentFreak

NOVEMBER 23, 2023

Two years ago, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies.com of copyright and trademark infringement, among other things. Bungie previously won several lawsuits against cheaters, either by default or through confidential settlements, but AimJunkies assigns little value to these achievements.

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Cease and Desist Copyright Infringement Copyright Intellectual Property 106

Intepat

JUNE 19, 2023

The various forms of intellectual property are already well known- trademarks, patents, copyrights, industrial designs, trade secrets, domain names and geographical indications. Furthermore, trademarks and domain names are registered on a first to file basis.

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Intellectual Property Due Diligence Ownership Invention 52

Biswajit Sarkar Copyright Blog

JULY 11, 2022

The jurisdiction of the arbitral tribunal is not affected by the Trademarks Act or the Copyright Act. ” The Delhi High Court concluded that a trademark issue might be arbitrated in Hero Electric Vehicles Private Limited v. Any claim that is amenable to resolution via settlement may be subject to arbitration.

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Intellectual Property Settlement IP Copyright 52

Technology & Marketing Law Blog

OCTOBER 9, 2024

Whatever legal ambiguity might have existed then has been decisively resolved, at least with respect to competitive keyword ads that don’t use the trademark in the ad copy. Courts almost never found trademark infringement in those cases, but it was only in the last decade that we started to get opinions saying this bluntly and clearly.

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Advertising Advertising Trademark False Advertising 82

SpicyIP

MARCH 11, 2024

A Case of Reverse Passing Off: DHC Rules In Favour Of Western Digital On Trademark Infringement Recently, the DHC passed an ex-parte interim injunction order against Geonix, holding them prima facie liable for indulging in ‘reverse passing off’ by selling Western Digital’s hard disks as their own.

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Trademark Registration Copyright Patent 59

Patently-O

FEBRUARY 17, 2023

It also parallels and differs from other types of intellectual property—patent, copyright, and trademark—litigation. To alleviate this concern, the Act authorizes the court “to enter such orders and take such other action as may be necessary and appropriate to preserve the confidentiality of trade secrets.” Trade Secret Identification.

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Litigation Intellectual Property Business Government 105

Technology & Marketing Law Blog

OCTOBER 23, 2024

This is a major ruling validating the legitimacy of competitive keyword advertising, which occurs when an advertiser purchases and displays ads triggered in response to third-party trademarks. Recently, the “ Second Circuit Tells Trademark Owners to Stop Suing Over Competitive Keyword Advertising.” ” (OUCH).

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Trademark Advertising Advertising False Advertising 82

Technology & Marketing Law Blog

OCTOBER 6, 2024

July 31, 2024) The trademark owner Alsa sells chrome paint. Walmart doesn’t carry the trademark owners’ items. In searches for the trademarks in Walmart’s internal search engine, Walmart only shows unrelated items–not items from the trademark owner or any competitors. Walmart Inc. Cites to Sen v.

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Advertising Advertising False Advertising Trademark 65

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

No earlier than July 31, 2023 per settlement. No earlier than November 20, 2023 per settlement. . No earlier than June 30, 2023 per settlement. No earlier than September 30, 2023 per settlement. No earlier than July 1, 2023 per settlement. No earlier than January 31, 2023 per settlement. January 2021.

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Litigation Settlement Marketing Marketing 52

Technology & Marketing Law Blog

JUNE 29, 2022

17 years later, I’m still blogging their ignoble trademark lawsuits. Some “highlights” of 1-800 Contacts’ trademark jurisprudence over the years: 1-800 Contacts v. Unfortunately, that’s standard operating procedure in trademark cases. WhenU (2d Cir. Case citation : 1-800 Contacts, Inc. Jand, Inc. ,

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Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the case of Alice Corp v CLS Bank International, the US Supreme Court in 2014 held that claims to a computer-associated technique of mitigating “settlement risk” in various financial transactions were barred from patenting. An opt-in scheme could address the confidentiality concerns of IP owners.

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Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the case of Alice Corp v CLS Bank International, the US Supreme Court in 2014 held that claims to a computer-associated technique of mitigating “settlement risk” in various financial transactions were barred from patenting. An opt-in scheme could address the confidentiality concerns of IP owners.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the case of Alice Corp v CLS Bank International, the US Supreme Court in 2014 held that claims to a computer-associated technique of mitigating “settlement risk” in various financial transactions were barred from patenting. An opt-in scheme could address the confidentiality concerns of IP owners.

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Technology Patent IP Invention 52

Technology & Marketing Law Blog

MAY 22, 2023

The court starts with a general observation: “Although it might at first seem that one firm’s purchase of another firm’s trademark as a Google keyword would constitute infringement, courts generally have not adopted that view,” citing Network Automation. The court focuses on the likelihood of consumer confusion. LoanStreet v.

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Advertising Advertising False Advertising Trademark 105

SpicyIP

DECEMBER 12, 2022

Calcutta High Court allowed an application for rectification directing the Trademarks Registrar to cancel the registration granted to and remove the impugned mark ‘Neemyle’. Delhi High Court decreed the suit as per the terms settlement between the parties. Louis Vuitton Malletier v. Capital General Store and Anr.

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Copyright Infringement Registration Settlement Trademark 95

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

But trademark plaintiffs and judges are still partying like it’s 1999. Defendant has also used Plaintiffs’ trademarks “Seeking Millionaire,” “Seeking Arrangement,” “Whats Your Price,” “Carrot Dating,” and “Seeking” as search terms in the Apple Appstore and Google Play Store to yield LuxyApp as a search result.

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Advertising Advertising Trademark Settlement 95

Patently-O

FEBRUARY 22, 2023

bankruptcy, class action, trademark, securities, and tort litigation, to the tune of $50 to $100 billion in investments annually. [10] It generally amounts to more than 50% of the total settlement recovery, acknowledging, at least by basic math, that they are the primary beneficiary of the litigation.).

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Litigation Reporting Settlement Government 126