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Design Patent Case Digest: Young v. Stone

Decision Date: August 28, 2014 - Court: N.D. Illinois - Patent: D442,661 - Holding: Defendant’s motion for judgment on the pleadings of non-infringement - GRANTED Opinion: Plaintiff...more

12/19/2014 - Design Patent Judgment on the Pleadings Patent Infringement Patent Litigation Patents

Design Patent Case Digest: Reddy v. Lowe’s Companies, Inc.

Decision Date: November 18, 2014 - Court: District of Massachusetts - Patent: D677,423 - Holding: Plaintiff’s proposed claim construction ADOPTED - Opinion: Plaintiff Maureen Reddy sued...more

12/16/2014 - Claim Construction Design Patent Intellectual Property Litigation Lowe's Patent Litigation Patents

Good(s) Intentions – What's Enough to Establish Bona Fide Intent to Use?

When used effectively, brand and merchandise licensing can increase the value of a brand by extending it into new, relevant product categories and by further monetizing brand equity. And when seeking to protect a brand in...more

12/3/2014 - Bona Fide Intent Brand Effective Filing Date Intent-to-Use Licenses Merchandising Rights Trademark Trial and Appeal Board Trademarks

Look Beyond the Registration to Determine Likelihood of Confusion

Just in time for the holiday shopping season, the Trademark Trial and Appeal Board's recent decision in Anthropologie, Inc. and Urban Outfitters Wholesale, Inc. v. Happy Green Company LLC is a good reminder of why, when...more

12/2/2014 - Cosmetics Likelihood of Confusion Popular Registration Trademark Searches Trademark Trial and Appeal Board Trademarks

Design Patent Case Digest: High Point Design LLC and Meijer, Inc., Sears Holding Corp. and Wal-Mart Stores, Inc. v. Buyers Direct,...

Decision Dates: September 11, 2013 and March 26, 2014 - Courts: Federal Circuit and the Southern District of New York Patent: D598,183 - Holding: Grant of summary judgment of invalidity REVERSED and REMANDED; on...more

12/1/2014 - Appeals Design Patent Functionality Obviousness 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

12/1/2014 - Domain Names gTLD ICANN Sunrise Periods Trademarks

MarkIt to Market - November 2014

The November issue of Sterne Kessler's MarkIt to MarketTM newsletter includes a case study on bona fide intent to use, a resolution to Anthropologie's opposition to the mark, and an updated list of the Sunrise periods...more

11/26/2014 - Anthropologie gTLD Intent-to-Use Likelihood of Confusion Sunrise Periods Trademarks

Oktoberfest Special: Störtebeker, What’s in a Beer Name?

We brand geeks at MarkIt to Market occasionally like to explore the history of interesting trademarks. A recent visit to Germany inspired a look into the history of the Störtebeker beer brand, which derives its name from one...more

11/14/2014 - Brand Trademarks Wine & Alcohol

Design Patent Case Digest: Wallace v. Ideavillage Products Corp.

Decision Date: September 15, 2014 - Court: District of New Jersey - Patents: D485,990 - Holding: Defendant’s motion for summary judgment: GRANTED - Opinion: Allyson Wallace, initially acting pro se,...more

11/13/2014 - Design Patent Patent Infringement Patent Litigation Patents Prior Art 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

11/12/2014 - Domain Names gTLD ICANN Sunrise Periods Trademarks

USPTO Posts Service Marks Specimens Examination Guide

Earlier this fall, the U.S. Patent and Trademark Office posted its final version of Examination Guide 3-14 on the topic of Service Mark Specimens. Among other things, this guide reviews the requirements for service mark...more

11/11/2014 - Service Mark Specimens Service Marks USPTO

Markit to Market - October 2014

The October issue of Sterne Kessler's MarkIt to MarketTM newsletter reviews some highlights from the new USPTO Service Mark Specimens Examination Guide, considers the colorful history of the Störtebeker beer brand name, and...more

11/10/2014 - Brand gTLD Internet Patents USPTO

Design Patent Case Digest: Weber-Stephen Products LLC v. Sears Holding Corporation

Decision Date: October 20, 2014 - Court: Northern District of Illinois - Patents: D564,834 and D609,045 - Holding: Defendants’ proposed claim construction is REJECTED - Opinion: Plaintiff...more

11/5/2014 - Claim Construction Design Patent Patent Infringement Patents Prosecution History Estoppel Trade Dress Utility Patents

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

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