For our weekly SoCal IP Institute meeting on Monday, August 8, 2016, we will discuss the following: Pom Wonderful LLC and The Wonderful Company v. Robert Hubbard et al. (C.D. Cal June 29, 2016) (available here). Pom Wonderful has been selling pomegranate-flavored juices under the trademarks “POM” and "POM WONDERFUL" since 2002. The defendant, a competing [...]
For our weekly SoCal IP Institute meeting on Monday, August 1, 2016, we will discuss the following: United States v. Throne, No. 16-cr-00073 (D. Colo. April 5, 2016) (available here). Here, Mr. Throne was hired to be Hunter Douglas' in-house IP counsel in 1993. He continued in that capacity, with a promotion to IP General [...]
For our weekly SoCal IP Institute meeting on Monday, July 18, 2016, we will discuss the following: MPC Franchise, LLC v. Tarntino, No. 15-717 (2d Cir. June 27, 2016) (available here). Plaintiffs filed suit alleging that defendant fraudulently obtained his federal trademark registration for the PUDGIE’S mark for pizza restaurants. The district court granted summary [...]
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 [...]
Our weekly SoCal IP Institute meeting on Monday, July 22, 2013 will be a discussion of a 9thCircuit decision regarding the payment of royalties of agreements involving expired patent rights and the standard for pleading fraud in a trademark application before the USPTO . Brief synopses of the cases appear below. Kimble v. Marvel Enter., [...]