SoCal IP Institute :: Nov. 28, 2016 :: Notification in Inter Partes Review and Use of Trademark in Sale of Two Hats

There will be no SoCal IP Institute meeting on Monday, November 21, 2016. At our next SoCal IP Institute meeting on Monday, Nov. 28, 2016, we will discuss the following: In re Nuvasive, Inc. (Fed. Cir. November 9, 2016) (available here).  Medtronic filed petitions for inter partes review of Nuvasive's patents related to spinal fusion [...]

By |2016-11-17T10:11:41-08:00November 17th, 2016|Patent, Trademark, TTAB, Use in Commerce, Inter Partes Review|0 Comments

SoCal IP Institute :: Nov. 14, 2016 :: CSA’s Applicability to Trademark Applications and IPR Partial Institution

For our weekly SoCal IP Institute meeting on Monday, Nov. 14, 2016, we will discuss the following: In re JJ206, LLC dab JuJu Joints (T.T.A.B. October 27, 2016) (available here).  JuJu sought to register the marks Powered by JuJu and JuJu Joints for goods in class 34 explicitly indicating that the mark would be used in connection [...]

By |2016-11-11T15:45:46-08:00November 11th, 2016|Patent, Trademark, TTAB, Use in Commerce, Inter Partes Review|0 Comments

SoCal IP Institute :: April 18, 2016 :: Mark Fails to Prove Acquired Distinctiveness at TTAB; Google Adwords Don’t Infringe

For our weekly SoCal IP Institute meeting on Monday, April 18, 2016, we will discuss the following cases: Ayoub, Inc. and Ayoub Supply, LLC v. ACS Ayoub Carpet Service (TTAB March 31, 2016) (citable decision) (available here).  In an opposition proceeding, applicant could not demonstrate that "Ayoub" had acquired distinctiveness due to lack of substantially exclusive use, [...]

SoCal IP Institute :: April 4, 2016 :: ITC Jurisdiction over “Digital Goods” and Lanham Act Standing without Use

For our weekly SoCal IP Institute meeting on Monday, April 4, 2016, we will discuss the following cases: Clearcorrect Operating LLC et al. v. ITC (Fed. Cir. March 31, 2016) (available here) (en banc petition denied).  On petition for rehearing en banc, the Federal Circuit denied rehearing of the prior opinion in which a three-judge panel [...]

By |2016-03-31T18:19:19-07:00March 31st, 2016|Patent, Standing, Trademark, TTAB|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 |2016-02-01T15:35:02-08:00February 1st, 2016|Copyright, Ownership, Trademark, TTAB, Use in Commerce, Damages, Fraud|0 Comments

SoCal IP Institute :: July 13, 2015 :: Standard for exceptional case and ownership of a registered trademark as between a foreign manufacturer and a U.S. seller

Our weekly SoCal IP Institute meeting on Monday, July 13, 2015 will be a discussion of the following cases: UVeritech, Inc. v. Amax Lighting, Inc., TTAB Cancellation No. 92057088, June 29, 2015 (available here).  In this TTAB cancellation proceeding, the U.S. seller petitioned to cancel the foreign manufacturer's trademark. The TTAB ruled in favor of the U.S. seller and [...]

SoCal IP Institute :: April 13, 2015 :: A Citeable TTAB Decision (ProMark v. GFA) and Timely Atty Fees Motion in Slep-Tone

Our weekly SoCal IP Institute meeting on Monday, April 13, 2015 will be a discussion of the following cases: ProMark Brands Inc. v. GFA Brands Inc. (TTAB  March 27, 2015) (available here). Here, ProMark (later assigned to H.J. Heinz Company) opposed GFA's trademark application for the plain word mark SMART BALANCE for: frozen appetizers containing poultry, meat, seafood or [...]

SoCal IP Institute :: March 23, 2015 :: MobileMedia v. Apple in the Fed. Cir.; S.D. Cal Refutes Forum Shopping Contention

Our weekly SoCal IP Institute meeting on Monday, March 23, 2015 will be a discussion of: Mobile Media Ideas LLC v. Apple Inc. Case No. No. 1:10-cv-00258-SLR-MPT, (Fed. Cir. March 17, 2015)  (available here).   There were several patents at issue, primarily concerning cell phone technology.  Among other holdings, the Court upheld the jury's nonobvious finding regarding the [...]

SoCal IP Institute :: March 9, 2015 :: Disqualification and Distinctiveness of Designs for Service Marks

Our weekly SoCal IP Institute meeting on Monday, March 9, 2015 will be a discussion of: Acacia Patent Acquisition, LLC v. Superior Court of Orange County, Case No. G050226 (Cal. App. 4th 2/27/15 (available here).  Acacia sought the disqualification of the law firm of AlvaradoSmith, which: (1) previously represented another law firm in an attorney fee dispute; and (2) [...]

SoCal IP Institute :: February 9, 2015 :: The Broadest “Reasonable” Interpretation & Likelihood of Confusion at the TTAB

Our weekly SoCal IP Institute meeting on Monday, February 9, 2015 will be a discussion of: In re Imes, Case No. 2014-1206 (Fed. Cir.  January 29, 2015 ) (available here).  Here, Mr. Imes appeals a rejection of his U.S. patent application number 09/874,423 directed to a device for communicating a digital camera image and video [...]

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