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Design Patent Case Digest: Butler v. Balkamp Inc.

Decision Date: September 3, 2014 - Court: Southern District of Indiana - Patents: D500,646 - Holding: Defendants’ motion for summary judgment of non-infringement GRANTED - Opinion: Plaintiff Kenneth...more

10/23/2014 - Design Patent Ordinary Observer Test Patent Infringement Patents Summary Judgment

Generic Top Level Domains - Current Sunrise Periods Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more

10/14/2014 - Domain Names gTLD ICANN Registration Sunrise Periods Trademarks

Design Patent Case Digest: Medtronic, Inc. v. NuVasive, Inc.

Decision Date: March 21, 2014 - Court: Patent Trial and Appeal Board - Patents: D652,922 - Holding: Petition to Institute Inter Partes Review DENIED - Opinion: Medtronic, Inc. filed a petition...more

10/13/2014 - Inter Partes Review Proceedings Medtronics Obviousness Patents Utility Patents

European Community Trademarks – Why it Now Matters if They’re Black and White (or Grayscale)

Whether it’s black or white may not have mattered to Michael Jackson (at least that's how the song goes), but it does seem to matter now to the Office for Harmonization in the Internal Market (OHIM) and other trademark...more

10/13/2014 - Color Marks ETDN EU Logos OHIM Trademarks

Renewal Deadline – 1 Year Trademark Clearinghouse Registrations

If your company was an early registrant in the Trademark Clearinghouse, it is likely your registrations had an effective date of November 5, 2014, the date the Clearinghouse went “live.” If so, the deadline to renew one-year...more

10/10/2014 - Deadlines Registration Trademark Clearinghouse Trademarks

MarkIt to Market - September 2014

The September issue of Sterne Kessler's MarkIt to MarketTM newsletter contains an explanation of new guidelines on the treatment of color logos in the European Community, a reminder of the upcoming renewal deadline for the...more

10/9/2014 - EU gTLD Internet Sunrise Periods Trademark Clearinghouse Trademarks Websites

Design Patent Case Digest - P.S. Products, Inc., v. Activision Blizzard, Inc.

Decision Date: February 21, 2014 - Court: E.D. Arkansas - Patents: D561,294 and D576,246 - Holding: Defendants’ motion to dismiss GRANTED - Opinion: Plaintiffs P.S. Products, Inc. (“P.S.”)...more

10/1/2014 - Activision Design Patent Patent Infringement Patent Litigation Patents

Design Patent Case Digest: Dorman Products, Inc. v. PACCAR, Inc.

Decision Date: September 5, 2014 - Court: Patent Trial and Appeal Board - Patents: D525,731 and D526,429 - Holding: Petitions to Institute Inter Partes Review DENIED Opinion: Dorman...more

9/17/2014 - Design Patent Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents

Why FLYING MONKEY WINE Never Got Off the Ground

Continuing our primate theme for this month's newsletter, we thought this would be as good a time as any to remind our readers as to the important distinction between copyrighted artistic works, and use of elements from those...more

9/8/2014 - Copyright Public Domain Trademarks Warner Brothers Entertainment Wine & Alcohol

Generic Top Level Domains - Current Sunrise Periods Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more

9/5/2014 - Domain Names gTLD ICANN Sunrise Periods Trademarks

The Next Time Your Pet Takes a Selfie...

It has been two years since British nature photographer David Slater first asked Wikimedia Commons to remove several photos of a crested black macaque from its online collection of public domain images. Slater claimed to own...more

9/4/2014 - Copyright Photographs Public Domain Wikimedia

Markit to Market - August 2014

The August issue of Sterne Kessler's MarkIt to MarketTM newsletter is all about monkey business, including an analysis of the copyright debate between British photographer David Slater and Wikimedia Commons over "selfies"...more

9/3/2014 - Copyright Domain Names gTLD Photographs Public Domain Sunrise Periods Trademarks

China Grants First Patents to Graphical User Interface Designs

The State Intellectual Property Office (SIPO) of China has issued the first four design patents protecting graphical user interfaces (GUIs). The patents issued were filed by Beijing Qiyi Century Science & Technology Co.,LTD.,...more

8/25/2014 - China Design Patent Graphical User Interface Patents Popular

Generic Top Level Domains - Current Sunrise Periods Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more

8/7/2014 - Domain Names gTLD ICANN Sunrise Periods Trademarks

Registrability and Enforceability -- Look Beyond the Register to Determine Scope of Trademark Rights

The Trademark Trial and Appeal Board's recent decision in In Re The Franchise Group, (TTAB July 2, 2014) reiterates that marks in use in the marketplace, not just on the Register, help determine whether trademarks in the U.S....more

8/6/2014 - Appeals Ex Parte Trademark Trial and Appeal Board Trademarks

An Expensive Reminder to Secure Trademark Rights Prior to Foreign Expansion

Electric car manufacturer Tesla Motors was recently sued in China by businessman Zhan Baosheng. Baosheng registered the TESLA trademark in China in 2006, prior to Tesla's entry into the Chinese market....more

8/5/2014 - China International Trademark Protection Tesla Trademark Litigation Trademarks

MarkIt to Market - July 2014

The July issue of Sterne Kessler's MarkIt to MarketTM newsletter contains an analysis of the TESLA trademark lawsuit in China, a reminder to look beyond the register to determine whether trademarks in the U.S. are both...more

8/4/2014 - gTLD Sunrise Periods Tesla Trademark Litigation Trademarks

U.S. Patent and Trademark Office Proposes Fee Reductions

The USPTO has proposed a reduction in some of its fees for electronically filing trademark applications and renewing registrations. The reduced fees would become effective January 2015 and are as follows...more

7/7/2014 - Patent Fees TEAS USPTO

gTLD Sunrise Periods Now Open

As first reported in our December 2013 newsletter, the first generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our December...more

7/3/2014 - Domain Names gTLD ICANN Sunrise Periods Trademarks

FDA Draft Guidance - Best Practices for Developing Drug Trademarks

In late May, the FDA released a draft guidance document detailing its best practices for developing trademarks for drugs. The draft guidance, entitled Best Practices in Developing Proprietary Names for Drugs, can be found...more

7/2/2014 - Brand Draft Guidance FDA Pharmaceutical Manufacturers Prescription Drugs Trademarks

Markit to Market - June 2014

In This Issue: - FDA Draft Guidance: Best Practices for Developing Drug Trademarks - U.S. Patent and Trademark Office Proposes Fee Reductions - gTLD Sunrise Periods Now Open - Excerpt from U.S. Patent and...more

7/1/2014 - FDA Filing Fees gTLD Prescription Drugs Sunrise Periods Trademarks USPTO

Design Patent Case Digest: Munchkin, Inc. and Toys “R” US, Inc. v. Luv N’ Care, LTD.

Decision Date: April 21, 2014 - Court: Patent Trial and Appeal Board - Patents: D617,465 - Holding: Claimed design is obvious and therefore UNPATENTABLE - Opinion: Petitioners Munchkin, Inc. and Toys...more

6/25/2014 - Design Patent Inter Partes Review Proceedings Obviousness Patents Prior Art Toys R Us Written Descriptions

Design Patent Case Digest: Z Produx, Inc. v. Make-Up Art Cosmetics, Inc.

Decision Date: November 5, 2013 - Court: Central District of California Patents: D642, 743 - Holding: Make-Up Art Cosmetics’ motion for summary judgment of non-infringement is GRANTED...more

6/18/2014 - Design Patent Patent Infringement Patent Litigation Patents

Markit to Market - May 2014

In This Issue: - Scammers Still Be...Scamming - Contests – Check Rules Before Offering! - Catalogs as Specimens - gTLD Sunrise Periods Now Open - Excerpt from Scammers Still Be...Scamming: Based...more

6/12/2014 - Advertising Brand Contests & Promotions Domain Names Fees gTLD ICANN Registration Scams Sunrise Periods Sweepstakes Trademark Clearinghouse Trademark Trial and Appeal Board Trademarks Use in Commerce

Generic Top Level Domains - Current Sunrise Periods Open

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our...more

6/11/2014 - Brand Domain Names gTLD ICANN Registration Sunrise Periods Trademark Clearinghouse Trademarks

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