SoCal IP Institute :: September 11, 2017 :: Censored Videos and the DMCA ; Tea Rose-Rectanus Doctrine ; Assignor Estoppel

For our weekly SoCal IP Institute meeting on Monday, September 11, 2017, we will discuss the following cases:

Disney Enterprises, Inc. v. Vidangel, Inc., (9th Circuit, August 24, 2017) (available here). VidAngel ran a service that would stream television and movies but removed objectionable content first. To operate their service, VidAngel purchased physical disks of the content they would […]

By |September 6th, 2017|Copyright Ownership, Invalidity, Litigation, Patent, Trademark|0 Comments

SoCal IP Institute :: August 21, 2017 :: Trademark Infringement ; Computer Memory and Abstract Ideas

For our weekly SoCal IP Institute meeting on Monday, August 21, 2017, we will discuss the following cases:

Tiffany & Co. v. Costco Wholesale Corp., (Federal Circuit August 14, 2017) (available here). Costco sold non Tiffany rings next to signs that said “Tiffany.” Tiffany sued under the Lanham act for Costco’s profits as well as punitive damages. The court […]

By |August 16th, 2017|Invalidity, Litigation, Patent, Trademark|0 Comments

SoCal IP Institute :: July 31, 2017 :: Clothing Trademarks ; Functional Designs

For our weekly SoCal IP Institute meeting on Monday, July 31, 2017, we will discuss the following cases:
In re Critelli, (TTAB. July 24, 2017) (available here). The USPTO refused to register the mark LAVA for outdoor survival clothing. LAVA ACCESSORIES had already been registered for “scarfs; travel clothing contained in a package comprising reversible jackets, pants, skirts, tops […]

By |July 26th, 2017|Invalidity, Likelihood of Confusion, Trademark, TTAB|0 Comments

SoCal IP Institute :: July 24, 2017 :: Law Firm Trademarks ; Expert Testimony and Claim Scope

For our weekly SoCal IP Institute meeting on Monday, July 24, 2017, we will discuss the following cases:
Merchant & Gould P.C. v. MG-IP Law, P.C. (TTAB decision April 19, 2017) (available here). An IP law firm filed for a trademark to the name MG-IP.  Another IP law firm, Merchant and Gould, petitioned for cancellation of the […]

SoCal IP Institute :: July 17, 2017 :: Adequate Written Description; Trademark Law Still Does Not Cover Copyright Claims

For our weekly SoCal IP Institute meeting on Monday, July 17, 2017, we will discuss the following cases:
The Board of Trustees of The Leland Stanford Junior University v. The Chinese University of Hong Kong. (Fed. Cir.  June 27, 2017) (available here). The PTAB found Stanford’s claims regarding testing methods for fetal aneuploidies (chromosomal disease) unpatentable for lack of […]

By |July 13th, 2017|Copyright, Patent, Trademark|0 Comments

SoCal IP Institute :: June 26, 2017 ::Disparagement Clause of Lanham Act Facially Unconstitutional; What Does “Substantial Portion” of Components to a Patented Invention Mean?

For our weekly SoCal IP Institute meeting on Monday, June 26, 2017, we will discuss the following cases:
Matal v. Tam (Supreme Court, June 19, 2017) (available here). A rock group known as “The Slants” chose their band name in order to reclaim the term from its racist origins. The Trademark Office denied the band’s registration of […]

By |June 24th, 2017|Agreement Interpretation, Noninfringement, Patent, Trademark, TTAB|0 Comments

SoCal IP Institute :: June 12, 2017 :: Changes to Patent Venue and Google Is Still Not a Generic Term

For our weekly SoCal IP Institute meeting on Monday, June 12, 2017, we will discuss the following cases:
TC Heartland LLC v. Kraft Foods Group Brands LLC  (Supreme Court, March 27, 2017) (available here).  Kraft Foods sued TC Heartland for patent infringement in Delaware. The district court denied TC’s motion to dismiss or transfer venue. TC petitioned […]

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 :: March 20, 2017 :: Recent patent cases

For our weekly SoCal IP Institute meeting on Monday, March 20, 2017, we will discuss the following:
Nidec Motor Corporation v. Zhongshan Broad Ocean Motor Co. Ltd., et. al (Fed. Cir. Mar. 14, 2017) (available here).  Nidec appealed the PTAB’s decision finding one of its claims anticipated in an IPR proceeding. The Federal Circuit reversed the PTAB’s ruling finding […]

By |March 19th, 2017|Acquired Distintiveness, Patent, Trademark|0 Comments

SoCal IP Institute :: March 13, 2017 :: A “Non-Commercial” Creative Commons License; Coney Island Specimen Refused in Citeable TTAB Decision

For our weekly SoCal IP Institute meeting on Monday, March 13, 2017, we will discuss the following:
Great Minds v. FedEx (E.D.N.Y Feb. 24, 2017) (available here).  This case discusses a”Non-Commercial” Creative Commons License.  In sum, FedEx was copying materials made by Plaintiff Great Minds, a math curriculum called “Eureka Math.”  The court granted FedEx’s motion to dismiss […]

By |March 8th, 2017|Acquired Distintiveness, Patent, Trademark|0 Comments