Patent Trademark Blog

DECEMBER 13, 2022

responding to Office Actions, including amending claims and drafting arguments. Unlike a criminal prosecutor who is constantly involved in trials, patent prosecution does not include litigation. In fact, prosecuting patents refers to the transactional side of the patent practice as opposed to patent litigation.

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LexBlog IP

JANUARY 5, 2023

Do defendants and the court have the right to ask who is funding a particular patent litigation? ” The second standing order applies when third-party persons or entities are “funding [] some or all of the party’s attorney fees and/or expenses to litigate [the] action.

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Litigation Patent Confidentiality Settlement 52

IP Watchdog

JULY 27, 2023

Patent and Trademark Office (USPTO). Although the CFC expressed its sympathy for the inventor’s frustrations, including the pro se filing of “appeal-books” containing thousands of pages responding to office actions, the court added that it lacked subject matter jurisdiction to award the type of damages sought.

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Trademark Patent Patent Prosecution Inventor 98

SpicyIP

SEPTEMBER 11, 2023

underscored that there is a need to supervise or govern patent and trademark agents. This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents. Image from here The Delhi High Court recently in Saurav Chaudhary Vs Union Of India & Anr.

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Government Trademark Patent Patent Application 105

IP Watchdog

OCTOBER 16, 2023

told the Patent Trial and Appeal Board (PTAB) that threats made by ASSA ABLOY Global Solutions “to file IPR petitions and a declaratory judgment action unless granted a free license to three valuable patents,” among other allegations, “runs directly counter to the purpose and goals of the post-grant administrative challenge system.”

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Licensing Patent Trademark Government 105

JD Supra Law

JANUARY 23, 2023

TWO GUNS, BUT ONLY ONE BULLET, OR, ONCE IN IPR, DO NOT SAVE YOUR ARGUMENTS FOR LITIGATION A patent can be challenged in court as a defense to an infringement action or through an administrative proceeding before the U.S.

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Patent Law Patent Law Litigation 52

IP Watchdog

JUNE 20, 2022

Patent and Trademark Office (USPTO) Director Kathi Vidal expressing concern about so-called “patent thickets” and requesting that she consider changes to the USPTO regulations and practices to address perceived problems with patent examination.

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Patent Trademark Government Litigation 136

Olartemoure Blog

FEBRUARY 3, 2023

It is important to highlight that appeals against SPTO resolutions in nullity and revocation proceedings that terminate administrative proceedings, will be the jurisdiction of civil courts and not of the administrative litigation courts, as was previously the case.

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Trademark Law Trademark Law Intellectual Property 52

The IP Law Blog

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. For clarity, this covenant not to sue includes, but is not limited to, patent infringement litigations, declaratory judgment actions, patent validity challenges before the U.S. emphasis added).

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Contracts Intellectual Property Patent Infringement Government 98

IP Watchdog

MAY 11, 2023

The Merit Systems Protection Board (MSPB) issued a decision on May 5 granting Patent Trial and Appeal Board (PTAB) Administrative Patent Judge (APJ) Michael Fitzpatrick’s request for corrective action with respect to alleged retaliatory personnel actions against him by senior management officials at the Department of Commerce and U.S.

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Trademark Patent Invention Government 69

Olartemoure Blog

SEPTEMBER 2, 2022

09/01/22 – Litigation and ADR. Recently, the Administrative Court of Cundinamarca denied a nullity claim associated with trademark rights, considering that the plaintiff had not complied with the prerequisite of mediation. In other words, pre-litigation mediation had never been requested to present a nullity action.

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Intellectual Property Registration Business Trademark 105

Kashishipr

MARCH 2, 2022

What happens after you get your mark registered as a trademark? Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Furthermore, it will also never enforce your trademark rights on your behalf.

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Registering Trademarks Trademark Registration Trademark Law 105

IP Watchdog

AUGUST 10, 2021

Patent and Trademark Office (USPTO) Director Michelle Lee, and a number of other former USPTO officials, for allegedly depriving the plaintiffs “of their valuable property rights in quasi-judicial administrative proceedings before the USPTO’s Patent Trial and Appeal Board (‘PTAB’).”

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Patent Designs Design Trademark 132

SpicyIP

SEPTEMBER 22, 2023

goodwill, misrepresentation, and damage), made an important remark that – if a plaintiff fails to establish goodwill, there’s no need to delve into any other facets to ascertain the plaintiff’s passing-off action. As is observed in several cases, the passing off action is a standard claim in trademark litigations.

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Copyright Infringement Copyright Litigation Advertising 103

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Trademark violation raises significant issues. Cybersquatting is another type of trademark infringement.

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Trademark Social Media Advertising Advertising 88

IP and Legal Filings

OCTOBER 26, 2023

Introduction Trademarks are an important division of Intellectual Property Rights (IPR) as it considerably contributes in identification and promotion of a product. A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices.

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Cease and Desist Trademark Registering Trademarks Business 99

IP Watchdog

APRIL 14, 2023

Trademark applicant Charger Ventures LLC has lost its appeal to the U.S. Court of Appeals for the Federal Circuit (CAFC) from the Trademark Trial and Appeal Board’s (TTAB’s) finding that SPARK LIVING is likely to be confused with an earlier-registered mark, SPARK. The precedential decision was authored by Judge Reyna.

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Trademark Government Litigation Intellectual Property 75

IP Intelligence

SEPTEMBER 22, 2021

17, 2021, the Third Circuit Court of Appeals became the latest Circuit Court to limit the preclusive effect of Trademark Trial & Appeal Board (“TTAB”) decisions. Howard , [2] considered both claim and issue preclusion with respect to two separate TTAB decisions and a district court action. Here, the Third Circuit, in Beasley v.

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Registration Trademark Litigation Copying 52

LexBlog IP

SEPTEMBER 22, 2021

17, 2021, the Third Circuit Court of Appeals became the latest Circuit Court to limit the preclusive effect of Trademark Trial & Appeal Board (“TTAB”) decisions. Howard , [2] considered both claim and issue preclusion with respect to two separate TTAB decisions and a district court action. In Beasley v.

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Registration Litigation Trademark Copying 52

SpicyIP

MARCH 10, 2024

Image from here In the case of Sterling Agro Industries Limited vs ASR Trading Company , the Delhi High Court while dealing with a trademark infringement suit, imputed mala fide intention to ASR Trading’s (the Defendant) act of applying for a trademark registration. His previous posts can be accessed here.

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Trademark Registering Trademarks Registration False Advertising 59

SpicyIP

FEBRUARY 7, 2024

Would you mix up these two labels: Officers choice and Peace Maker? Finding these competing labels to be similar, the Delhi High Court (DHC) recently gave Allied Blenders an interim injunction against Hermes Distilleries following claims of trademark infringement of their label in Allied Blenders & Distillers (P) Ltd. image below).

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Copying Trademark Branding Brands 64

The IP Law Blog

JULY 14, 2022

Ohio State University recently made Intellectual Property headlines by managing to procure a trademark registration for the word THE. Before we get into the significance of OSU’s trademark application, I think it is important to provide some background information. But is it really that big of a deal? In my humble opinion, it is not.

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Trademark Registration Intellectual Property Television 97

IP Tech Blog

FEBRUARY 28, 2022

The Spanish government has approved a draft bill to reform the three main industrial property laws: the Trademark Law, the Industrial Design Law and the Patent Law. Trademark Law. The purpose of the changes are to order to solve various problems that industrial property right holders face today in Spain. Industrial Design Law.

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Law Designs Design Trademark 62

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2022

TTAB Cancellation Actions: Terminating an Infringing Trademark Registration. One option is to institute a cancellation action with the Trademark Trial and Appeal Board (the “TTAB”) to challenge the registration of the mark. If you win, the TTAB “cancels” the registration of the trademark at issue.

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Registration Trademark Litigation Blogging 52

LexBlog IP

JANUARY 6, 2023

Harness IP partner Joels Samuels is featured in a Bloomberg Law article outlining 2023’s most anticipated intellectual property (IP) court cases, legal trends, and United States Patent and Trademark Office (USPTO) rule changes. The firm has offices in metropolitan Dallas, Detroit, St. The firm also ranks No.

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IP Law Intellectual Property Intellectual Property Law 40

LexBlog IP

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. For clarity, this covenant not to sue includes, but is not limited to, patent infringement litigations, declaratory judgment actions, patent validity challenges before the U.S. emphasis added).

Contracts 52

Contracts Intellectual Property Patent Infringement Government 52

LexBlog IP

AUGUST 25, 2023

Attorneys Kennington Groff , Melanie Lane , and Zachary Eyster , of Founders Legal (Bekiares Eliezer LLP) have filed a legal action on behalf of Jenka Lab, LLC against One-Stop Game Solution, LLC dba GGC Industries. The lawsuit was served on Tuesday, August 22, 2023, at the Southern Amusement & Entertainment Expo in Duluth, Georgia, USA.

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Intellectual Property Intellectual Property Law Trademark Business 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Trademarks: Trademarks safeguard brand names, logos, symbols, or phrases that distinguish a startup’s products or services from competitors’ Registering a trademark ensures exclusive usage and prevents others from causing confusion among consumers.

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Intellectual Property Cease and Desist Invention Branding 52

SpicyIP

AUGUST 19, 2023

To enable competitors and the public to monitor compliance with this requirement, the Patent Act requires patentees to file Form 27 with the Patent Office detailing the manner in which their patents have been worked in India. This is a vital provision that seeks to foster competition in cases where patentees are unable to meet local demands.

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Business Licensing Copyright Government 98

The IPKat

NOVEMBER 24, 2022

While many of our readers will be shopping over the weekend, this Kat has prepared a post on the German “Black Friday” litigation to keep you company while you’re queuing. On October 30, 2013, a German company applied to the German Trade Mark Office (DPMA) for a word mark “Black Friday”. 8(2)(2)), and bad faith (Sec.

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Registration Advertising Advertising Art 117

LexBlog IP

FEBRUARY 28, 2022

The Spanish government has approved a draft bill to reform the three main industrial property laws: the Trademark Law, the Industrial Design Law and the Patent Law. Trademark Law. The purpose of the changes are to order to solve various problems that industrial property right holders face today in Spain. Industrial Design Law.

Law 52

Law Designs Design Trademark 52

Technology & Marketing Law Blog

SEPTEMBER 10, 2023

Plaintiffs allege hundreds of defendants are infringing their trademarks and selling counterfeit goods. For a fuller description of the litigation genre and its problems, see my paper. What Went Wrong This case involves Expeditee’s trademark, FLAGWIX, used to sell flags like the upper one in this screenshot.

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Trademark Litigation Law Blogging 79

IP Tech Blog

MARCH 29, 2023

The Federal Circuit has refused to uphold the dismissal of a complaint alleging that the Director of the Patent and Trademark Office (PTO) improperly issued instructions to PTAB judges regarding whether to institute requested patent review proceedings. Apple et al.’s

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Patent Litigation Designs Design 57

Selvam & Selvam Blog

MARCH 30, 2022

The mishap of the Indian Trade Marks Office. Until recently, the Indian Trade Marks Office had been diligently following the due procedure established. The Court, while severely reprimanding the Trade Marks Office, has also issued a directions to the effect, ensuring justice and equity to all applicants. Conclusion.

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Journalism Registration Intellectual Property Trademark 52

Trading Secrets

OCTOBER 31, 2023

Commentators are already split as to whether an “invention” is limited to patentable ideas, or whether an “invention” includes a broad scope of intellectual property rights such as trademarks or copyrightable works. Conceivably, courts may also be split, and the issue could prove to be a battleground during litigation.

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Invention Intellectual Property Law Business 59

LexBlog IP

JANUARY 13, 2022

When Canada is designated via the Madrid Protocol, the Canadian Intellectual Property Office (CIPO) will communicate directly with the applicant if a Canadian trademark agent is not appointed. If you are looking to appoint a Canadian trademark agent, DW does so for no charge. Intellectual Property , Trademarks.

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Trademark Intellectual Property Intellectual Property Law Registration 52

LexBlog IP

OCTOBER 20, 2023

On Wednesday, a divided panel of the Federal Circuit issued a precedential decision reversing the USPTO’s cancellation of a registered trademark (Great Concepts, LLC v. Tana had also filed a civil action for trademark infringement against Great Concepts in the Northern District of Georgia (Civil Action No.

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Registration Registering Trademarks Trademark Ownership 52