For our weekly SoCal IP Institute meeting on Monday, April 20th, 2020 we will discuss the following cases:
In re Forney Industries, Inc. (CAFC 2020) (available here)
The TTAB affirmed a refusal of Forney Industries’ application on the basis that the mark applied for is one that can never be inherently distinctive. The Federal Circuit disagreed and vacated and remanded finding that the TTAB erred by “holding that: (1) a multi-color mark can never be inherently distinctive, and (2) product packaging marks that employ color cannot be inherently distinctive in the absence of a well-defined peripheral shape or border”.
O.F. Mossberg & Sons, Inc. v. Timney Triggers, LLC (CAFC 2020)(available here)
Mossberg sued Timney for patent infringement in district court. Timney then instituted a post grant proceeding against Mossberg at the patent office which stayed the district court proceedings. Timney was ultimately successful at invalidating Mossberg’s patents during the post grant proceedings, Mossberg then dismissed its district court proceeding. Timney then applied for attorney’s fees at the district court level under 35 U.S.C. § 285. The district court denied Timney’s motion, the Federal Circuit agreed.
We will also discuss the following article: https://www.seattletimes.com/entertainment/music/after-a-long-legal-struggle-seattle-band-thunderpussy-is-granted-a-u-s-trademark/
All are invited to attend. Due to the Covid-19 situation the meeting will be conducted electronically via zoom. Join us by using this link. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Elisha Manzur by 9 am Monday morning.