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. [...]
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, [...]
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 [...]
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 [...]
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 [...]
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 [...]
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) [...]