Please join us on Monday, November 7, 2022 at 12:00 pm, where we will discuss the following:

Sulzer Mixpac AG v. A&N Trading Co., 988 F.3d 174 (2d Cir. 2021) (decision here) – A&N petitions the Supreme Court for cert based on a final judgment and permanent injunction by the 2nd Circuit on TM infringement, and also on a counterclaim that Mixpac’s trade dress on color for dental tools is functional.  Numerous amicus briefs (IPLA, INTA & Anti-Counterfeiting Coalition) urge the Supremes to unify the law around what is needed to show trade dress functionality – a weighing of the Morton-Norwich factors, or just some evidence of utilitarian functionality?  Cert. denied March 21, 2022.

Novak v. City of Parma, Ohio, No. 21-3290 (6th Cir. 2022) (here), the 6th Circuit upheld a lower Ohio court decision that Anthony Novak’s constitutional rights were not violated when he was arrested and jailed for 4 days for creating a Facebook page that looked like the Parma Police Department’s.  Novak was acquitted, and then brought dozens of claims against certain police officers and the City of Parma.  Novak appeals the district court’s grant of summary judgment to the defendants, asserting that the arrest was retaliatory because the officers based it on his Facebook page—which he argues is parody protected under the First Amendment.  The Onion filed an amicus brief here.

Guy Cumberbatch, of counsel to SoCalIP, will lead the discussion.