Rule 68 & Copyright Law

Please join us Monday, April 15, 2024 at noon where we will discuss Federal Rule of Civil Procedure 68 (Rule 68) and the "open question" of whether post-offer attorney’s fees are part of the recoverable "costs" for a defendant, in particular, in copyright cases. I think defendants should be able to use the Rule 68 [...]

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

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

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 [...]

Prior Art Status of Printed Publications and Unclean Hands in TM Infringement

On Monday, August 12, Michael Harris will conduct a discussion of two cases, one dealing with the prior art status of a printed publication, and the other about unclean hands as a defense to trademark infringement. The 2021, Ninth Circuit case of Metal Jeans, Inc. v. Metal Sport, Inc. (case here) is the unclean hands case. [...]

By |2021-08-13T14:05:37-07:00August 13th, 2021|Litigation, Patent, Sanctions, Trademark, TTAB, Use in Commerce, Damages|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

SoCal IP Institute :: February 8, 2016 :: TTAB rules no fraudulent intent regarding false claim of use in citable decision; Hip Hop Artist’s copyright lawsuit dismissed by 2nd Cir. as Time-Barred

Our weekly SoCal IP Institute meeting on Monday, February 8, 2016, will be a discussion of the following: Embarcadero Tech. v. Delphix Corp, (TTAB 1/21/16) (available here). At issue was a motion for summary judgment brought by Delphix on Embarcadero's claim that Delphix fraudulently proclaimed use in commerce of its DELPHIX mark. Embarcadero also filed a motion to amend its petition for cancellation [...]

By |2016-02-01T15:35:02-08:00February 1st, 2016|Copyright, Ownership, Trademark, TTAB, Use in Commerce, Damages, Fraud|0 Comments

SoCal IP Institute :: July 7, 2014 :: Copyright infringement and trade secrets

Our weekly SoCal IP Institute meeting on Monday, July 7, 2014 will be a discussion of a Supreme Court case on copyright infringement and a California Appellate opinion on trade secrets. Brief synopses appear below. ABC v. Aereo (U.S. June 25, 2014) (available here).  The Supreme Court held that Aereo's service, which provided subscribers the [...]

SoCal IP Institute :: June 2, 2014 :: TTAB Says ‘Chanel’ For Real Estate Services Dilutes the Fashion Brand; Altavion, Inc. wins trade secret case against Konica Minolta Systems Laboratory regarding its digital stamping technology

Our weekly SoCal IP Institute meeting on Monday, June 2, 2014 will be a discussion of a recent TTAB precedential case and state trade secret opinion. Brief synopses appear below. Chanel, Inc. v. Jerzy Makarczyk (TTAB May 27, 2014) (available here.).  Here, Karczyk (“applicant"), filed an application pursuant to Section 1(a) of the Trademark Act to [...]

SoCal IP Institute :: February 3, 2014 :: Damages in Trademark Infringement Suits and Policing IP on 3rd Party Internet Retailer Websites

Our weekly SoCal IP Institute meeting on Monday, February 3, 2014 will be a discussion of the effect of damages in trademark infringement suits (15 U.S.C. §1117) – when damages are preferred over injunctions, attorney’s fees in various Circuits, attorney’s fees along with statutory damages for counterfeiters, and what a counterfeit is.  Also, a brief [...]

By |2014-02-02T23:15:35-08:00February 2nd, 2014|Trademark, Attorneys' Fees, Damages, Likelihood of Confusion|0 Comments
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