Tips from Recent IP Cases

Tips from Recent IP Cases Please join us Monday, February 5, 2024 at noon where will discuss the importance of patent assignments stemming from Roku, Inc. v. International Trade Commission (Fed. Cir. 2024), the importance of timely filings in motion practice (or lack thereof) as seen in the trademark case Rolex Watch v. Beckertime (5th [...]

Trademark Notice Issues, TTAB Reply Briefs

Please join us Monday, August 21, 2023 where we will discuss Trademark Marking Notice and TTAB Issues.  Specific issues will include: What are the requirements of Trademark Marking Notice and how do they affect damages in a lawsuit?  What about Virtual notice? In TTAB cancellation or Opposition Proceedings, what topics are permitted in Reply Briefs? [...]

By |2023-11-09T13:30:26-08:00August 11th, 2023|Uncategorized, Trademark, TTAB, Damages, Functionality|0 Comments

Bad Spaniels Leashed by Supreme Court and a Totally Bananas Copyright Case

  On Monday, July 10, Chris Kopitzke will lead the discussion about a Supreme Court trademark decision concerning a doggie chew toy, along with a copyright case in the Southern District of Florida about dueling artworks featuring bananas and duct tape. In Jack Daniel’s Properties v. VIP Products, No. 22-148 (S. Ct., June 8, 2023), [...]

By |2023-07-09T17:51:22-07:00July 9th, 2023|First Amendment, Trademark|0 Comments

9th Circuit sides with GoDaddy in Cybersquatting/Lanham Act Case: Rigsby v. GoDaddy

On Monday, April 9, 2023, Marina Lang will lead the discussion about recent 9th Circuit Opinion RIGSBY V. GODADDY INC. See Published Opinion Here: https://cdn.ca9.uscourts.gov/datastore/opinions/2023/02/03/21-16182.pdf The panel held that Plaintiff--a well known athlete and speaker-- could not satisfy “use in commerce” prong of the Lanham Act & could not overcome GoDaddy’s immunity protections under the [...]

By |2023-04-09T12:58:16-07:00April 9th, 2023|Trademark|0 Comments

Jack Daniel’s is Not Amused by Bad Spaniels Chew Toy; Publishers Awarded Summary Judgment Against Internet Archive

Jack Daniel’s is Not Amused by Bad Spaniels Chew Toy; Publishers Awarded Summary Judgment Against Internet Archive On Monday, April 3, 2023, Chris Kopitzke will lead the discussion about a pending Supreme Court trademark case concerning a dog chew toy, as well as a recent copyright decision out of the Southern District of New York [...]

By |2023-04-02T10:11:17-07:00April 2nd, 2023|Trademark|0 Comments

Two Common Trademark Issues

Two Common Trademark Issues When counseling clients wanting to register trademarks, we evaluate the likelihood an application for registration of the mark will succeed and counsel the client accordingly.  One of the issues that often arises in our analysis occurs when a mark is to be used in one way but, while there is no [...]

By |2023-11-09T13:31:15-08:00March 25th, 2023|Trademark|0 Comments

Remedies for Patent, Trademark, and Copyright Infringementi

Remedies for Patent, Trademark, and Copyright Infringement Patent The remedy statute for patent infringement states, “Upon finding for the claimant the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest [...]

By |2023-03-15T09:42:11-07:00March 14th, 2023|Copyright, Patent, Trademark, Counterfeit, Damages|0 Comments

Rx patent monopoly and Lizzo TM win

Please join us Monday, March 6, 2023 where we will discuss Rx patent monopoly issues and Lizzo's TM win.  Specific case discussions will include: AbbVie Rx Patent Monopoly Strategy Against Biosimilars - AbbVie makes Humera for arthritis and extended its monopoly for 7 years past the 2016 expiration date of its basic patent on the [...]

By |2023-11-09T13:31:44-08:00March 2nd, 2023|Patent, Trademark, TTAB, monopoly, Antitrust, FDA|0 Comments

Circuit Conflict over Trade Dress and Parody vs State Police Power Immunity

Please join us on Monday, November 7, 2022 at 12:00 pm, where we will discuss the following:   Sulzer Mixpac AG v. A&N Trading Co., 988 F.3d 174 (2d Cir. 2021) (decision here) - A&N petitions the Supreme Court for cert based on a final judgment and permanent injunction by the 2nd Circuit on TM [...]

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 [...]

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