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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

Catalogs as Specimens Showing Use in Commerce

As U.S trademark owners know, the U.S. is unique among jurisdictions in that those who wish to federally register their marks are required to show that they are using a mark “in commerce” in connection with the goods/services...more

6/10/2014 - Trademark Trial and Appeal Board Trademarks Use in Commerce

Contests – Check Rules Before Offering!

Contests can be a great way to engage consumers and create publicity for your business, and social media makes it easier than ever to promote a contest to a broad audience. However, there is more to setting up a successful...more

6/9/2014 - Advertising Contests & Promotions Sweepstakes

Scammers Still Be Scamming

Based on the volume of scam letters and email sent to us by our clients, trademark and domain name scams continue unabated in 2014. In fact, if anything, these scams have increased in volume and creativity. Remember to look...more

6/6/2014 - Domain Names Fees Registration Scams Trademarks

Design Patent Case Digest: MRC Innovations, Inc. v. Hunter Mfg., LLP

Decision Date: April 2, 2014 - Court: U.S. Court of Appeals for the Federal Circuit - Patents: D634,488 and D634,487 - Holding: N.D. of Ohio’s Grant of Summary Judgment of Invalidity AFFIRMED...more

6/4/2014 - Design Patent Obviousness Patent Infringement Patents Summary Judgment

Proposed Changes to Canada's Trade-marks Act

Not to be upstaged by China, who recently proposed changes to its Trademark Law, the Government of Canada proposed substantial changes to its Trade-marks Act on March 28, 2014. Several of these changes were proposed to align...more

5/5/2014 - Canada Madrid Protocol NCS Registration Trade Marks Act Use Requirement

Supreme Court Establishes a New Test for False Advertising Standing Under Lanham Act

On March 25, 2014, the Supreme Court issued its opinion in Lexmark International Inc. v. Static Control Components Inc., holding that a two-prong analysis comprised of the "zone-of-interests" test and a "proximate-cause"...more

5/2/2014 - Copyright Infringement False Advertising Lanham Act Lexmark Lexmark v Static Control Components Proximate Cause SCOTUS Split of Authority Standing Zone of Interests

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