Trademark Notice Issues, TTAB Reply Briefs

Please join us Monday, August 21, 2023 where we will discuss Trademark Marking Notice and TTAB Issues.  Specific issues will include: What are the requirements of Trademark Marking Notice and how do they affect damages in a lawsuit?  What about Virtual notice? In TTAB cancellation or Opposition Proceedings, what topics are permitted in Reply Briefs? [...]

By |2023-11-09T13:30:26-08:00August 11th, 2023|Uncategorized, Trademark, TTAB, Damages, Functionality|0 Comments

Circuit Conflict over Trade Dress and Parody vs State Police Power Immunity

Please join us on Monday, November 7, 2022 at 12:00 pm, where we will discuss the following:   Sulzer Mixpac AG v. A&N Trading Co., 988 F.3d 174 (2d Cir. 2021) (decision here) - A&N petitions the Supreme Court for cert based on a final judgment and permanent injunction by the 2nd Circuit on TM [...]

SoCal IP Institute :: April 11, 2016 :: Functionality of trade dress and Patent claim construction

For our weekly SoCal IP Institute meeting on Monday, April 11, 2016, we will discuss the following cases: Millenium Laboratories, Inc. v. Ameritox (9th Cir. April 4, 2016) (available here).  Millenium sued its competitor Ameritox for trade dress infringement, alleging that Ameritox's visual layout of its urine-test result data infringed Millenium's trade dress. At the district [...]

SoCal IP Institute :: March 17, 2014 :: Failure to Consider Distinct Claims and Functionality in Trademark Applications

Our weekly SoCal IP Institute meeting on Monday, March 17, 2014 will be a discussion of patent infringement and venue. Brief synopses appear below. Wells Fargo v. ABD Insurance, Case No. 13-15625 (9th Cir. Mar. 3, 2014) (available here).  Here, Wells Fargo purchased a company called ABD Insurance and Financial.  Wells Fargo began the process of [...]

By |2014-03-17T06:26:57-07:00March 17th, 2014|Trademark, Functionality|0 Comments

SoCal IP Institute :: May 7, 2012 :: Trademark Infringement for Keyword Advertising and Examiner Allowance Rates

We will be discussing one Fourth Circuit case and one Law Review article during our weekly SoCal IP Institute meeting on Monday, May 7, 2012. Brief synopses are presented below. Rosetta Stone Ltd. v. Google, Inc., Case No. 10-2007 (4th Cir. April 9, 2012) (attached). Rosetta Stone sued Google in 2009 over the search engine’s [...]

SoCal IP Institute :: April 16, 2012 :: Summary Judgment of Copyright Claims and Functionality in Trademarks

We will be discussing one Ninth Circuit case and one Federal Circuit case during our weekly SoCal IP Institute meeting on Monday, April 16, 2012. Brief synopses are presented below. L.A. Printex Indus., Inc. v. Aeropostale, Inc., Case No. 10-56187 (9th Cir. Apr. 9, 2012) (attached).  A designer at LA Printex created a design including [...]

By |2012-04-13T21:52:00-07:00April 13th, 2012|Copyright, Ownership, Trademark, Functionality|0 Comments

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|Trademark, Descriptiveness, Functionality|0 Comments
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