Our weekly SoCal IP Institute meeting on Monday, June 29, 2015 will be a discussion of the following cases:
The General Court of the European Union in Best Lock v. OHIM (available here), on June 16, 2015, found that Lego figures could be protected as shapes under the the CTM. Lego, a Danish company, registered its figures as a three-dimensional community trademark in 2000 after its patent expired. Best-Lock, a competitor, sought to invalidate the Lego applications, which OHIM denied. They then sought, unsuccessfully, an annulment of OHIM’s decision with the General Court of the European Union.
Marvel v. Kimble, No. 13-720 (U.S. Supreme Court June 22, 2015) (available here). The Court declined to overrule its 1964 decision in Brulotte v. Thys Co., which determined that a patent holder cannot charge royalties for the use of his invention after its patent term has expired. Here, Marvel sued Kimble for declaratory judgment that it could cease paying royalties for a Spiderman toy at the end of Kimble’s patent term. The trial court approved the relief; the 9th Circuit affirmed; the Supreme Court affirmed.
All are invited to join us in our discussion during the SoCal IP Institute meeting on Monday, June 29, 2015 at Noon in our Westlake Village office. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Noelle Smith by 9 am Monday morning.