Our weekly SoCal IP Institute meeting on Monday, January 20, 2014 will be a discussion of the following cases:
In INHALE, INC. V. STARBUZZ TOBACCO, INC. (9th Cir. 2014), the 9th Circuit held that a copyright for a hookah water container could not be enforced because it was a useful article and it did not incorporate sculptural features that could be identified separately from, and were capable of existing independently of, the container’s utilitarian aspects. The panel also affirmed the award of attorneys fees to the defendant. The case can be accessed here.
In IN RE KENT PEDERSON (TTAB Dec. 30, 2013), on an appeal from a final refusal to register the mark “LAKOTA” for Medicinal herb remedies, the Board upheld the refusal based on the examining attorney’s findings that the applied-for mark consists of or includes matter which may falsely suggest a connection with the Native American Lakota people. The case can be accessed here: Lakota case.
All are invited to join us in our discussion during the SoCal IP Institute meeting on Monday, January 20, 2014 at Noon in our Westlake Village office. This activity is approved for 1 hour of California MCLE credit. If you will be joining us, please RSVP to Noelle Smith by 9 am Monday morning.