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January 8, 2018 Trademark Office’s Bar on Immoral or Scandalous Marks is Unconstitutional Under the First Amendment ; Is DRIVEWISE confusingly similar with auto technology and insurance?

For our weekly SoCal IP Institute meeting on Monday, January 8, 2018, we will discuss the following cases: In Re Brunetti, (CAFC, December 15, 2017) (available here). Applicant tried to register the mark FUCT for clothing. The Examining attorney refused registration and the TTAB affirmed the refusal based on § 2(a) of the Lanham Act [...]

By |2018-01-08T09:18:01-08:00January 4th, 2018|Trademark, TTAB, Likelihood of Confusion|0 Comments

December 31, 2017 Deadline to File Online Designation of Agent with Copyright Office to Maintain DMCA Safe Harbor Protection

Have you registered your Safe Harbor agent with the Copyright Office’s new online agent designation system? To limit copyright infringement liability from user-posted content, most companies rely on the Safe Harbor protections of the DMCA (Digital Millennium Copyright Act). By December 31, 2017, you must register your designated agent online to maintain Safe Harbor benefits, [...]

By |2017-12-15T14:47:37-08:00December 15th, 2017|Infringement, Copyright Ownership|0 Comments

SoCal IP Institute :: December 18, 2017 :: Sanctionable 101 Arguments ; Oh the People You’ll Sue!

For our weekly SoCal IP Institute meeting on Monday, December 18, 2017, we will discuss the following cases: Inventor Holdings v. Bed Bath & Beyond, (CAFC, December 8,2017) (available here). Inventor Holdings sued Bed Bath & Beyond for infringement of several patents directed to methods of processing payments. The trial court granted Bed Bath & [...]

By |2017-12-13T10:13:34-08:00December 13th, 2017|Infringement, Copyright Ownership|0 Comments

SoCal IP Institute :: December 4, 2017 :: What are Reasonable Measures? ; Romance Novel Copyright Infringement

For our weekly SoCal IP Institute meeting on Monday, December 4, 2017, we will discuss the following cases: H.Q. Milton, Inc. v. Webster, (N.D. Cal November 22, 2017) (available here). Plaintiff owns an expensive watch store that sells vintage timepieces. Defendant, a former employee, started his own watch store allegedly misappropriating trade secrets such as [...]

By |2017-11-29T09:59:41-08:00November 29th, 2017|Infringement, Copyright Ownership|0 Comments

SoCal IP Institute :: November 27, 2017 :: TC Heartland in Action; Does Yelp Have to Divulge Who Posts?

For our weekly SoCal IP Institute meeting on Monday, November 27, 2017, we will discuss the following cases: In re Micron Technology, Inc., (CAFC November 15, 2017) (available here). Micron was sued for patent infringement and filed a motion to transfer for improper venue. The district court denied the motion, Micron petitioned for a writ [...]

By |2017-11-22T15:59:35-08:00November 22nd, 2017|Infringement|0 Comments

SoCal IP Institute :: November 20, 2017 :: Ensnarement with Medical Devices; Software and the Communications Decency Act

For our weekly SoCal IP Institute meeting on Monday, November 20, 2017, we will discuss the following cases: David Jang v. Boston Sci Corp., (C.D.Cal September 29, 2017) (available here). David Jang patented an intravascular stent and sued Boston Science Corporation for infringement. After almost 10 years of litigation, the district court denied Dr. Jang’s [...]

By |2017-11-17T09:02:08-08:00November 16th, 2017|Infringement|0 Comments

SoCal IP Institute :: November 13, 2017 :: Comic Con and the 1st Amendment; Likelihood of Confusion

For our weekly SoCal IP Institute meeting on Monday, November 13, 2017, we will discuss the following cases: Dan Farr Productions v. United States District Court, (9th Cir. October 10, 2017) (available here). In a trademark dispute over who may actually use the term "Comic Con", the Southern District of California gave a “Suppression Order” [...]

By |2017-11-13T13:03:47-08:00November 9th, 2017|Litigation, Infringement, Copyright Ownership|0 Comments

SoCal IP Institute :: November 6, 2017 :: Disputes Over College and Battery Trademarks

For our weekly SoCal IP Institute meeting on Monday, November 6, 2017, we will discuss the following cases: Savannah College of Art and Design, Inc. v. Sportswear, Inc. , (S.D. Ohio October 3, 2017) (available here). Defendant owned a website where it sold sports apparel affixed with the plaintiff’s trademark for “SCAD” and “SAVANNAH COLLEGE [...]

By |2017-11-01T13:08:17-07:00November 1st, 2017|Litigation, Infringement, Copyright Ownership|0 Comments