Prosecuting Chinese Counterfeiters: New Enforcement Strategies Learned from Fendi v. Yilang at Shanghai Higher People’s Court

The FENDI Decision is out! After 5 long years, the Shanghai High Court issued its final judgement in the case of Fendi v. Yi Lang. Defendant Yi Lang (no relative of this week's presenter, SoCal IP Partner Marina Lang) can no longer operate his "Fendi" stores in China, stocked with parallel goods.  We will discuss [...]

Sirius Wins on CA State Copyright Claims and Sovereign Immunity Strikes Again

Sirius Gets a Win on CA State Copyright Claims In Flo & Eddie, Inc. v. Sirius XM Radio, Inc., No. 17-55844 (August 23, 2021) (available here), the panel reversed the district court’s grant of partial summary judgment to Flo & Eddie, Inc. in its action against Sirius XM satellite radio, seeking royalties for pre-1972 songs [...]

By |2021-08-30T09:04:18-07:00August 27th, 2021|Copyright, Litigation|0 Comments

Two Gotchas: Derivative Work Denied Copyright Registration; Insufficient Proof of Non-Use in Trademark Cancellation Action

On Monday, August 9, 2021, Chris Kopitzke will lead a discussion of the Copyright Office’s refusal to register the most recent version of the Golden Globe statuette, and the Trademark Trial and Appeal Board’s finding that evidence submitted to prove non-use of a trademark was insufficient to establish a prima facie case of abandonment. In [...]

By |2021-08-05T21:16:43-07:00August 5th, 2021|Copyright, Litigation, Trademark, TTAB, Use in Commerce, Damages|0 Comments

The Supreme Court’s 2021 Personal Jurisdiction Decision – presented by Marina L. Lang

Ford Motor Co. v. Montana Eighth Judicial Dist. Ct. 141 S.Ct. 1017 (2021) For our discussion, we will analyze how the Supreme Court expanded personal jurisdiction over out-of-state defendants. The majority held that a Court’s specific jurisdiction standard includes suits that sufficiently “relate to” a defendant’s forum contacts, even in the absence of a "causal [...]

SoCalIP Law Institute Weekly Meeting – April 26, 2021 – Transformative Copyrights and Patent Battles in the Spin World

For our weekly SoCal IP Institute meeting on Monday, April 26, 2021 we will discuss the following: Second Circuit Finds Andy Warhol’s Use of Prince Photograph Wasn’t All That Transformative After All - See The Andy Warhol Foundation v. Goldsmith, Case No. 19-2420 (2d Cir. March 26, 2021) In a recent decision, the Second Circuit [...]

SoCal IP Institute :: August 14, 2017 :: Doctrine of Equivalents ; CAFC Disagrees with the PTAB

For our weekly SoCal IP Institute meeting on Monday, August 14, 2017, we will discuss the following cases: Enzo Biochem v. Applera, (Federal Circuit 2017) (available here). Enzo and Applera had been involved in litigation over patents for genetic testing and labeling since 2004. In a new round of litigation, plaintiff argued under the doctrine of equivalence, that [...]

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 [...]

By |2017-07-16T23:43:50-07:00July 13th, 2017|Copyright, Patent, Trademark|0 Comments

SoCal IP Institute :: July 10, 2017 :: Attorneys’ Fees for Exceptional Cases; Paying the PTO’s Expenses Includes Their Attorney’s Fees

For our weekly SoCal IP Institute meeting on Monday, July 10, 2017, we will discuss the following cases: Adjustacam LLC v. Sakar International Inc. (Fed. Cir.  July 5, 2017) (available here). AdjustaCam is the exclusive licensee to a patent claiming a camera “rotatably attached . . . about a first axis of rotation.” Newegg produced [...]

By |2017-07-07T12:19:58-07:00July 7th, 2017|Infringement, Patent, Attorney's Fees|0 Comments

SoCal IP Institute :: June 19, 2017 ::The Supreme Court on Patent Exhaustion; Housing Design Copyright Trolls

For our weekly SoCal IP Institute meeting on Monday, June 19, 2017, we will discuss the following cases: Impression Products, Inc. v. Lexmark International, Inc. (Supreme Court, May 30, 2017) (available here). Lexmark makes and sells certain printer toner cartridges. To prevent third parties from reselling used toner cartridges, Lexmark instituted a “buyback” program. Customers [...]

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 [...]

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