For our weekly SoCal IP Institute meeting on Monday, March 6, 2017, we will discuss the following:
Metalcraft of Mayville, Inc. v. The Toro Company (Fed. Cir. February 16, 2016) (available here). A manufacturer of commercial riding lawnmowers brought a suit for infringement of a patent disclosing a suspended operator platform for a ride-on lawnmower. The district court granted a preliminary injunction precluding defendants from making, using, selling, and offering to sell lawnmowers that infringe the patent. The Federal Circuit affirmed, finding that the district court did not abuse its discretion in granting plaintiff’s motion for a preliminary injunction.
In re LC Trademarks, Inc., Serial No. 85890412 (TTAB December 29, 2016) (available here). The Trademark Trial and Appeal Board ruled that an applicant may rely on a “family of marks” argument to support its application when seeking registration based upon acquired descriptiveness. Here, however, the TTAB affirmed a mere descriptiveness refusal to register the mark DEEP! DEEP! DISH PIZZA for “pizza”, finding that the applicant did not show sufficient evidence of acquired distinctiveness.
All are invited to join us on Monday, March 6, 2017, 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 Elisha Manzur by 9 am Monday morning.