Fraud

SoCal IP Institute :: August 8, 2016 :: A Review of Recent Trademark Decisions in the Central District and TTAB.

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 [...]

By |2016-08-05T15:13:02-07:00August 5th, 2016|Ethics, Patent, Fraud|0 Comments

SoCal IP Institute :: August 1, 2016 :: Ethics Credit :: Crime Doesn’t Pay for a Fraudulent IP Attorney

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 [...]

By |2016-07-27T11:41:54-07:00July 27th, 2016|Ethics, Patent, Fraud|0 Comments

SoCal IP Institute :: July 18, 2016 :: Fraud in trademark application and patent survives the Alice test

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 [...]

By |2016-07-14T16:19:31-07:00July 14th, 2016|Patent, Statutory Subject Matter, Trademark, Fraud|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 |2016-02-01T15:35:02-07:00February 1st, 2016|Copyright, Ownership, Trademark, TTAB, Use in Commerce, Damages, Fraud|0 Comments

SoCal IP Institute :: July 22, 2013 :: Agreements Including Patent Rights and Trademark Fraud Pleading at the USPTO

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., [...]

By |2013-07-19T18:20:30-07:00July 19th, 2013|Patent, Trademark, Fraud|0 Comments