Tips on Avoiding Ethical Riptides in Your IP Practice

On Monday, September 19, we will watch a video replay of a program presented by the Intellectual Property Section of the California Lawyers Association at the Section’s Annual IP Institute in 2021. The program has been approved for one hour of self-study Legal Ethics credit. Drawing from their extensive experience and expertise in advising law [...]

By |2022-09-15T13:20:39-07:00September 15th, 2022|Ethics|0 Comments

Ninth Circuit Rules in Favor of Yoga Icon Lululemon in a Reverse Trademark Confusion Case over their Align Pants

Vancouver-based Lululemon ("Lulu"), founded in 1998, is famously known for their boujee yoga-inspired activewear. Industry competitor Aliign Activation Wear (“Aliign”) filed suit against Lulu in the Central District of California back in mid-2020, primarily alleging that Lulu was infringing its Aliign trademark, which Aliign said it has been using since 2011. You see, Lulu rolled [...]

SoCal IP Law Institute MCLE meeting of August 15, 2022 – CAFC re: Recapture During a Broadening Reissue; and CAFC re: Expert Witnesses and Obviousness

SoCal IP Law Institute MCLE meeting of August 15, 2022 - CAFC re: Recapture During a Broadening Reissue; and CAFC re: Expert Witnesses and Obviousness. Please join us on Monday, August 15, 2022 at Noon , where we will discuss CAFC re: Recapture During a Broadening Reissue; and CAFC re: Expert Witnesses and Obviousness. For [...]

SoCalIP Law Institute Weekly Meeting – August 8, 2022 – Inherency of Negative Claim terms and Trade Dress in the 5th Circuit

Please join us on Monday, August 8, 2022 at 12:00 pm, where we will discuss the following: Novartis Pharm. Corp. v. Accord Healthcare, Inc., 38 F.4th 1013 (Fed. Cir. 2022) (rehearing decision here) - Novartis prevailed in the 5th Circuit on the validity of its claims under the Written Description Requirement based on a negative [...]

Less Whack in Waco; Echos of 2015

Summer time and the living is easy, so I’m a bit delayed in this week’s post. Apologies. In this week’s post, I highlight shifts in the patent litigation environment in Texas. The Eastern District of Texas, especially Marshall and Tyler, used to be the top venue choice for patent owners who wanted a fast path [...]

Coca-Cola Loses Bid to Protect Marks Not Used in U.S.; Letter of Protest Practice Tips

On Monday, July 25, 2022, Chris Kopitzke will lead the discussion about a recent Federal Circuit decision rejecting Coca-Cola’s attempt to cancel a competing distributor’s U.S. trademark registrations for two marks used and registered by Coca-Cola outside the U.S. She will also explain the requirements and offer practice tips for filing a timely and successful [...]

By |2022-07-22T15:41:55-07:00July 22nd, 2022|Personal Jurisdiction|0 Comments

Service of Process by Mail Abroad

Service of process abroad was always presented to me as a difficult issue. And, it can be. The most recent, and important, discussion that bears on that process may be found in Water Splash, Inc. v. Menon, 2017 U.s. LEXIS 3212, Case No. 16-254 (2017) which resolved a circuit split regarding whether service by mail was [...]

By |2022-07-18T09:05:46-07:00July 18th, 2022|Personal Jurisdiction|0 Comments

SoCal IP Law Institute MCLE meeting June 20, 2022 – Two CAFC patent cases

Please join us on Monday, June 20, 2022 at 12:00 pm, where we will discuss two recent patent rulings of the Court of Appeals for the Federal Circuit.   University of Massachusetts v. L’Oréal S.A., No. 21-1969 (Fed. Cir. 2022) This case is an appeal from the United States District Court for the District of [...]

SoCal IP Law Institute MCLE meeting of June 13, 2022 – CAFC re: Intrinsic Evidence on Indefiniteness and Sanctions; and CAFC re: Damages Calculation.

Please join us on Monday, June 13, 2022 at 12:00 pm, where we will discuss recent Court of Appeals for the Federal Circuit action regarding Intrinsic Evidence on Indefiniteness and Sanctions; and regarding Damages Calculation. For CAFC Clarifies Analysis of Intrinsic Evidence on Indefiniteness, Affirms PTAB’s Denial of Sanctions, please see: ClearOne v Shure. For [...]

Lawsuits are spiking on the issue of whether non-fungible tokens (“NFTs”) qualify as “real” goods for the purpose of trademark protection – May 16, 2022

Non-fungible tokens ("NFTs") - what are they, anyhow? Technically, they are a digital asset.  Again, what does that mean? On Monday, May 16, 2022, SoCal IP Law Group LLP partner Marina L. Lang will lead a discussion on defining the nature of these novel digital assets and discuss the growing litigation over whether these assets [...]

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