SoCal IP Institute :: May 8, 2017 :: Means-Plus-Function Standard and No Summary Judgment for Trade Dress Infringement

For our weekly SoCal IP Institute meeting on Monday, May 8, 2017, we will discuss the following cases:
Williamson v. Citrix Online, LLC (Fed. Cir., June 16, 2015) (available here).  In the original panel opinion for this case, the majority held that use of the word “module” does not invoke means-plus-function language in patent claims, such that the relevant […]

SoCal IP Institute :: April 18, 2016 :: Mark Fails to Prove Acquired Distinctiveness at TTAB; Google Adwords Don’t Infringe

For our weekly SoCal IP Institute meeting on Monday, April 18, 2016, we will discuss the following cases:
Ayoub, Inc. and Ayoub Supply, LLC v. ACS Ayoub Carpet Service (TTAB March 31, 2016) (citable decision) (available here).  In an opposition proceeding, applicant could not demonstrate that “Ayoub” had acquired distinctiveness due to lack of substantially exclusive use, namely […]

SoCal IP Institute :: April 11, 2016 :: Functionality of trade dress and Patent claim construction

For our weekly SoCal IP Institute meeting on Monday, April 11, 2016, we will discuss the following cases:
Millenium Laboratories, Inc. v. Ameritox (9th Cir. April 4, 2016) (available here).  Millenium sued its competitor Ameritox for trade dress infringement, alleging that Ameritox’s visual layout of its urine-test result data infringed Millenium’s trade dress. At the district court, […]

By |April 6th, 2016|Claim Construction, Functionality, Patent, Trade Dress, Trademark|0 Comments

SoCal IP Institute :: March 28, 2016 :: Forum non conveniens in intellectual property dispute and standing to sue for infringement of Disney’s Haunted Mansion flickering candle patent

For our weekly SoCal IP Institute meeting on Monday, March 28, 2016, we will discuss the following cases:
Halo Creative & Design Ltd. v. Comptoir Des Indes, Inc. (Fed. Cir. March 14, 2016) (available here).  // // A Hong Kong furniture manufacturer asserted Canadian defendants infringed their intellectual property and violated Illinois consumer fraud and deceptive […]

SoCal IP Institute :: June 1, 2015 :: Commil v. Cisco & Apple v. Samsung

Our weekly SoCal IP Institute meeting on Monday, June 1, 2015 will be a discussion of the following cases:
COMMIL USA, LLC v. CISCO SYSTEMS, INC.   (Sup. Ct. May 26, 2015) (available here). Petitioner Commil sued Cisco Systems for direct infringement of its patent for a method of implementing short-range wireless networks.  As stated in the Supreme Court’s case synopsis:  “After two trials,  Cisco […]

By |May 29th, 2015|Dilution, Litigation, Patent, Trade Dress|0 Comments

SoCal IP Institute :: October 13, 2014 :: Trade Dress Includes “Look and Feel” of Website; Delaware judge unseals $1.4 million Judgment

Our weekly SoCal IP Institute meeting on Monday, October 13, 2014 will be a discussion of a recent N.D. Cal case discussing trade dress and a decision by a federal judge to unseal an Order to expose an extortionist company:

Ingrid & Isabel, LLC v. Baby Be Mine, LLC et al., No. 13-cv-01806 (N.D. Cal Oct. 1 […]

By |October 11th, 2014|Trade Dress|0 Comments

SoCal IP Institute :: October 6, 2014 :: Inequitable Conduct and Acquired Distinctiveness in the TTAB

Our weekly SoCal IP Institute meeting on Monday, October 6, 2014 will be a discussion of a recent inequitable conduct case and a TTAB decision on acquired distinctiveness of trade dress. Brief synopses of the cases appear below.

American CalCar, Inc. v. Honda, No. 2013-1061 (Fed. Cir. Sept. 26, 2014) (available here).  Calcar appealed from a […]

SoCal IP Institute :: September 30, 2013 :: Recent Trade Dress Case Law

Our weekly SoCal IP Institute meeting on Monday, September 30, 2013 will be a discussion of two recent Trade Dress cases.  The first case is from the Sixth Circuit:

Groeneveld Transport Efficiency, Inc. v. Lubecore International, Case Nos. 12-3545/3576 (6th Cir. Sept. 12, 2013) (available here).   The key issue in this case is whether a company can use […]

By |September 25th, 2013|Infringement, Likelihood of Confusion, Trade Dress, Trademark|0 Comments

SoCal IP Institute :: September 16, 2013 :: Design patents and Trademark Infringement

Our weekly SoCal IP Institute meeting on Monday, September 16, 2013 will be a discussion of a recent Federal Circuit decision regarding design patents and a First Circuit decision regarding trademark infringement. Brief synopses of the cases appear below.

Dorpan, S.L. V. Hotel Melia, Inc., Case No. 12-1679 (1st Cir. August 28, 2013) (available here).  This […]

SoCal IP Institute :: February 13, 2012 :: Functionality in Trade Dress and Certification Marks

We will be discussing two recent cases during our weekly SoCal IP Institute meeting on Monday, February 13, 2012. The first is a 9th Circuit case involving trade dress and the second is a Trademark Trial and Appeal Board (TTAB) case seeking cancellation of a certification mark.  Brief synopses are presented below.

Secalt S.A. v. Wuxi […]

By |February 10th, 2012|Attorneys' Fees, Trade Dress, Trademark, TTAB|0 Comments