Some lawyers hate motion practice. My father, for example, loved to be in trial but hated writing motions. I suspect that my mom wrote most of his motions, and maybe that's why I enjoy writing them. It's gotten to be more fun with AI -- I feel super-powered. In this week's SoCal IP Institute, I [...]
On Monday, July 27, we will consider the principal arguments in the pending 9th Circuit en banc rehearing of the Kat Von D copyright case. In addition, we’ll discuss a TTAB case that exposes a losing maintenance strategy for foreign owners of U.S. registrations based on Section 44(e) or Section 66. The plaintiff’s Petition for [...]
The Record Is the Record: Two Recent IP Decisions with a Common Thread A quintessential evidentiary record is one that allows you to pull pertinent facts, craft weighty arguments, and ultimately carry the day. Fact-finding, proper recordation of evidence, and making the right argument at the right time are crucial. Parties to a suit don't [...]
Pokémon and Edge Games Fighting for their IP Lives The Edge of Reason Update January 23, 2206: It appears that Dr. Langdell has responded to this mention of the TTAB decision. You can see those comments below. In Mobigame v. Edge Games, Inc. (Cancellation No. 92075393) (decision here) an incredibly longstanding battle over the trademark [...]
A Duology of Intellectual Property Cases, Namely, Lashify v. ITC and In re Locus Link USA Please join us Monday, September 15, 2025, at noon where we will discuss one patent case and one trademark case. First, we will discuss the case of Lashify v. International Trade Commission, and second, the case of In re [...]
Trademark and Copyright Limits: Lessons from Eleanor and Rapunzel Please join us Monday, June 09, 2025, at noon where we will discuss two recent decisions made by the U.S. Court of Appeals for the Federal Circuit, and the Ninth Circuit U.S. Court of Appeals. Eleanor vs. Shelby: The Legal Showdown Over a Hollywood Legend [...]
Trademarks - False Connections and the Color Green Please join us Monday, May 19, 2025, at noon where we will discuss two recent decisions made by the U.S. Court of Appeals for the Federal Circuit. In In Re Thomas D. Foster APC, No. 23-1527 (Fed. Cir. 2025), the Fed. Cir. affirmed the TTAB’s refusal of Thomas [...]
Boots and Car Washes – Trade Dress and Convoyed Sales Please join us Monday, April 21, 2025, at noon where we will discuss two recent decisions in trademark and patent law. First, we will discuss the Fourth Circuit case TBI Licensing v. Vidal, where the makers of the iconic Timberland boot sought trade dress protection. [...]
Descriptive Marks and Patent Provisional Rights Please join us Monday, April 14, 2025, at noon where we will discuss two recent decisions made by the U.S. Court of Appeals for the Federal Circuit, one dealing with the long-felt distinctiveness issue and the other dealing with post-expiration issuance of a patent. In In re Forest, No. [...]
Please join us Monday, March 31, 2025 where we will discuss several ethics topics, including: Trade Dress and Patent Interplay - Color (CeramTec GMBH v. CoorsTek Bioceramics LLC, No. 2023-1502 (Fed. Cir. Jan. 3, 2024)) Generic Trade Marks – Once and future mark… (Sazerac Brands, LLC v. Bullshine Distillery LLC, 2025 USPQ2d 433 (Fed. Cir. [...]
