Two Gotchas: Derivative Work Denied Copyright Registration; Insufficient Proof of Non-Use in Trademark Cancellation Action

On Monday, August 9, 2021, Chris Kopitzke will lead a discussion of the Copyright Office’s refusal to register the most recent version of the Golden Globe statuette, and the Trademark Trial and Appeal Board’s finding that evidence submitted to prove non-use of a trademark was insufficient to establish a prima facie case of abandonment. In [...]

By |2021-08-05T21:16:43-07:00August 5th, 2021|Copyright, Litigation, Trademark, TTAB, Use in Commerce, Damages|0 Comments

SoCalIP Law Institute Weekly Meeting – August 2, 2021 – The Intersection of Trade Dress and Patents

For our weekly SoCal IP Institute meeting on Monday, August 2, 2021 we will discuss the following: The intersection between the three types of IP protection available for products.  As set forth by the Supreme Court in the TrafFix case in 2001 (here), product configuration cannot be protected as trade dress if the product feature [...]

By |2021-08-02T09:53:12-07:00July 29th, 2021|Patent, Trade Dress, Functionality|0 Comments

Patent Assignor Estoppel and Cancellation of Trademark Registrations Under Section 14(3)

Patent Assignor Estoppel and Cancellation of Trademark Registrations Under Section 14(3) Our weekly SoCal IP Institute meeting on Monday, July 19, 2021 will be a discussion of a Supreme Court case finding patent assignor estoppel may not apply when there are post-assignment amendments to claims and a TTAB case ordering cancellation of registrations under Section [...]

By |2021-07-12T16:54:34-07:00July 12th, 2021|Patent, Trademark|0 Comments

The Supreme Court’s 2021 Personal Jurisdiction Decision – presented by Marina L. Lang

Ford Motor Co. v. Montana Eighth Judicial Dist. Ct. 141 S.Ct. 1017 (2021) For our discussion, we will analyze how the Supreme Court expanded personal jurisdiction over out-of-state defendants. The majority held that a Court’s specific jurisdiction standard includes suits that sufficiently “relate to” a defendant’s forum contacts, even in the absence of a "causal [...]

Patent Eligibility for Quantum Entanglement and BURNS NIGHT Mark for “Whisky”

Our weekly SoCal IP Institute meeting on Monday, May 3, 2021 will be a discussion of a Federal Circuit case finding quantum entanglement subject matter ineligible for patent and a TTAB opposition surviving a Rule 12(b)(6) motion to dismiss: In In re: Huping Hu, Maoxin Wu (Fed. Cir. March 17, 2021) (available here), Applicant claimed [...]

By |2021-04-27T14:50:59-07:00April 27th, 2021|Patent, Trademark|0 Comments

Recent Case Law Arising from Breach of a Trademark License – Monday, March 15, 2021 at 1pm PST

Recent Caselaw Arising from Breach of a Trademark License Marina L. Lang, Partner at SoCal IP Law Group LLP, will be giving a live, online presentation at the SoCal IP Institute meeting on Monday, March 15, 2021 at 1pm PST. Participating in this activity is approved for 1 hour of MCLE credit. All are welcome. [...]

New Trademark and Copyright Decisions – Monday, March 8, 2021

New Trademark and Copyright Decisions: TTAB Rejects Express Abandonment of Application “Without Prejudice” After Adverse Final Decision Ninth Circuit Decision Takes Surprising Turn in Considering Copyright Damages Against Defendants with Joint and Several Liability In re Information Builders, Inc., Serial No. 87,753,964 (Feb. 25, 2021) (TTAB) [precedential], available here. When can an application be abandoned [...]

By |2021-03-07T12:17:57-08:00March 6th, 2021|Trademark, TTAB, Likelihood of Confusion, Deceptive|0 Comments

Beginnings of a Federal Court Litigation – Monday, March 1, 2021

All are invited to attend our weekly SoCal IP Institute meeting on Monday, March 1, 2021 a 1:00 pm Pacific.  Due to the Covid-19 situation the meeting will be conducted online via video conference. This activity is approved for 1 hour of MCLE credit.  If you will be joining us, please RSVP to Elisha Manzur [...]

By |2021-02-27T13:48:23-08:00February 27th, 2021|Trademark, TTAB, Likelihood of Confusion, Deceptive|0 Comments

Trademark Deceptiveness and Confusion – SoCal IP Institute – Monday, February 22, 2021

Recent Trademark Rulings on Trademark Deceptiveness and Confusion All are invited to attend our weekly SoCal IP Institute meeting on Monday, February 22, 2021 a 1:00 pm Pacific.  Due to the Covid-19 situation the meeting will be conducted online via video conference. This activity is approved for 1 hour of MCLE credit.  If you will [...]

By |2021-02-20T14:50:12-08:00February 20th, 2021|Trademark, TTAB, Likelihood of Confusion, Deceptive|0 Comments

Patent Eligibility for Mechanical Method and SMART KEYBOARD Mark for “Keyboards”

Eligibility of Mechanical Method for Patent and SMART KEYBOARD Mark for "Keyboards" Our weekly SoCal IP Institute meeting on Monday, February 1, 2021 will be a discussion of a Federal Circuit case finding mechanical subject matter ineligible for patent and a TTAB refusal to register a mark to the supplemental register: In American Axle & [...]

By |2021-01-27T17:15:15-08:00January 27th, 2021|Patent, Trademark|0 Comments
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