Unmarked Vape Pens and No-Name Pianos with Fake Names

This week we have a pair of IP cases about marking. First, a patent case, Lubby Holdings v Chung, where a vape device company should have marked its products with the patent number. Second, a trademark case, Piano Factory v Schiedmayer Celesta, in which a piano vendor marked its cheap pianos with a fancy name. [...]

SoCal IP Institute :: April 18, 2016 :: Mark Fails to Prove Acquired Distinctiveness at TTAB; Google Adwords Don’t Infringe

For our weekly SoCal IP Institute meeting on Monday, April 18, 2016, we will discuss the following cases: Ayoub, Inc. and Ayoub Supply, LLC v. ACS Ayoub Carpet Service (TTAB March 31, 2016) (citable decision) (available here).  In an opposition proceeding, applicant could not demonstrate that "Ayoub" had acquired distinctiveness due to lack of substantially exclusive use, [...]

SoCal IP Institute :: April 13, 2015 :: A Citeable TTAB Decision (ProMark v. GFA) and Timely Atty Fees Motion in Slep-Tone

Our weekly SoCal IP Institute meeting on Monday, April 13, 2015 will be a discussion of the following cases: ProMark Brands Inc. v. GFA Brands Inc. (TTAB  March 27, 2015) (available here). Here, ProMark (later assigned to H.J. Heinz Company) opposed GFA's trademark application for the plain word mark SMART BALANCE for: frozen appetizers containing poultry, meat, seafood or [...]

SoCal IP Institute :: August 4, 2014 :: Patent infringement and Trademark oppositions

Our weekly SoCal IP Institute meeting on Monday, August 4, 2014 will be a discussion of a patent infringement case and a trademark opposition. Brief synopses of the cases appear below. Amdocs (Israel) Limited v. Openet Telecom, Inc., No. 2013-1212 (Fed. Cir. August 1, 2014) (available here). Amdocs sued Openet for infringing four of its [...]

SoCal IP Institute :: October 15, 2012 :: Geographically Misdescriptive Trademarks and International Comity

We will be discussing one Federal Circuit case and one 9th Circuit case during our weekly SoCal IP Institute meeting on Monday, October 15, 2012. Brief synopses are presented below. In re Miracle Tuesday, LLC., Case No. 2011-1373 (Fed. Cir. October 4, 2012) (attached). Miracle Tuesday filed an intent-to-use trademark application for the word mark [...]

By |2012-10-12T20:23:43-07:00October 12th, 2012|Intent to Use, injunction, Descriptiveness, Damages, Venue, TTAB, Trademark|0 Comments

SoCal IP Institute :: August 13, 2012 :: Trademark Abandonment and Claim Construction

We will be discussing two Federal Circuit cases during our weekly SoCal IP Institute meeting on Monday, August 13, 2012. Brief synopses are presented below. Lens.com, Inc. v. 1-800 Contacts, Inc., Case No. 2011-1258 (Fed. Cir. August 3, 2012) (attached). The Wesley-Jessen Corporation obtained Trademark Registration No. 2,175,334 for the mark LENS in connection with [...]

SoCal IP Institute :: Monday August 30, 2010

Please join us for the SoCal IP Institute meeting, Monday, Aug 30 at Noon. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Amanda Jones by 9 am Monday. We will be discussing the following cases: Fortune Dynamic, Inc. v. Victoria's Secret Stores Brand Mgmt., Inc. (9th Cir. 8/19/2010) [...]

By |2010-08-30T23:29:36-07:00August 30th, 2010|Functionality, Descriptiveness, Trademark|0 Comments
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