Prior Art Status of Printed Publications and Unclean Hands in TM Infringement

On Monday, August 12, Michael Harris will conduct a discussion of two cases, one dealing with the prior art status of a printed publication, and the other about unclean hands as a defense to trademark infringement. The 2021, Ninth Circuit case of Metal Jeans, Inc. v. Metal Sport, Inc. (case here) is the unclean hands case. [...]

By |2021-08-13T14:05:37-07:00August 13th, 2021|Litigation, Patent, Sanctions, Trademark, TTAB, Use in Commerce, Damages|0 Comments

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

SoCal IP Institute :: Dec. 5, 2016 :: Copyright infringement and trademark infringement

At our next SoCal IP Institute meeting on Monday, December 5, 2016, we will discuss the following: Antonick v. Electronic Arts, Inc. (Fed. Cir. November 22, 2016) (available here).  Plaintiff Antonick developed the computer code for EA's Madden Football game for the Apple II computer. EA later released versions of the game for Sega and Nintendo. [...]

By |2016-12-02T13:47:20-08:00December 2nd, 2016|Copyright, Infringement, Trademark, Use in Commerce|0 Comments

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 :: 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 :: 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 :: July 7, 2014 :: Copyright infringement and trade secrets

Our weekly SoCal IP Institute meeting on Monday, July 7, 2014 will be a discussion of a Supreme Court case on copyright infringement and a California Appellate opinion on trade secrets. Brief synopses appear below. ABC v. Aereo (U.S. June 25, 2014) (available here).  The Supreme Court held that Aereo's service, which provided subscribers the [...]

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