Tracy-Gene G. Durkin

Tracy-Gene G. Durkin

Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Two Prong Protection is the Best Approach for Product Configuration

It has long been possible to use both trade dress and design patent rights to protect three-dimensional designs that function as trademarks. One strategy has been to rely on design patent protection while a three-dimensional...more

8/4/2015 - Apple Apple v Samsung Design Patent Functionality Intellectual Property Protection iPhone Patents Trade Dress

MarkIt to MarketTM - July 2015

The July issue of Sterne Kessler's MarkIt to MarketTM newsletter explains why two pronged protection is the best approach for product configuration, discusses the importance of coordination between legal and marketing...more

8/3/2015 - Design Patent gTLD ICANN Marketing Patents Sunrise Periods Trade Dress Trademark Registration Trademarks Use in Commerce

Design Patent Case Digest: Simmons Bedding Company v. Sealy Technology LLC

Decision Date: March 31, 2015 - Court: U.S. Patent Trial and Appeal Board - Patents: D622,531 - Holding: Examiner’s decision in reexamination proceeding not to adopt Requester’s obviousness rejections REVERSED...more

7/22/2015 - Appeals Design Patent Inter Partes Review Proceedings Obviousness Patent Prosecution Patent Trial and Appeal Board Patents Prior Art Reversal Standard of Review

gTLD Sunrise Periods Now 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 contact us...more

7/14/2015 - Brand Domain Names gTLD ICANN Registration Sunrise Periods Trademarks

MarkIt to MarketTM | June 2015

In This Issue: - Hashtag Trademarks: #ItsAllAboutTheUse - Upcoming Changes in Canadian Trade Mark Trademark Law - Changes in U.S Certification Mark Requirements - gTLD Sunrise Periods Now Open - The...more

7/1/2015 - Brand Canada Domain Names gTLD Hashtags Sunrise Periods Trademarks

Design Patent Case Digest: Apple Inc. v. Samsung Electronics Co., Ltd.

Decision Date: May 18, 2015 - Court: U.S. Court of Appeals for the Federal Circuit - Patents: D593,087; D604,305; D618,677 - Holding: Judgment of trade dress dilution REVERSED; judgment of patent validity and...more

6/9/2015 - Appeals Apple Apple v Samsung Damages Design Patent Dilution iPhone Patent Infringement Patent Litigation Patents Samsung Trade Dress Utility Patents

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. ...more

6/4/2015 - Domain Names gTLD ICANN Sunrise Periods

MarkIt to Market - May 2015

The May issue of Sterne Kessler's MarkIt to MarketTM newsletter covers the negative impact of counterfeiting on e-commerce websites, recent changes in Russian trademark law, and an updated list of the Sunrise periods...more

6/1/2015 - Counterfeiting E-Commerce gTLD Russia Sunrise Periods Trademarks

Design Patent Case Digest: Kreative Power, LLC v. Monoprice, Inc.

Decision Date: March 3, 2015 - Court: Northern District of California - Patents: D653,215 - Holding: Defendant’s motion for summary judgment GRANTED - Opinion: On June 26, 2014, Kreative Power, LLC...more

5/22/2015 - Declaratory Relief Design Patent Electronics Patent Infringement Patents Summary Judgment Validity

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

Decision Date: April 21, 2014 and April 14, 2015 - Court: Patent Trial and Appeal Board and U.S. Court of Appeals for the Federal Circuit - Patents: D617,465 - Holding: Claimed design is obvious and therefore...more

5/15/2015 - Design Patent Inter Partes Review Proceedings Obviousness Patent-Eligible Subject Matter Patents Toys R Us Written Descriptions

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. ...more

5/13/2015 - Domain Names gTLD ICANN Registration Sunrise Periods

USPTO Begins Accepting International Design Applications

On May 13, 2015, the U.S. Patent & Trademark Office (USPTO) will begin accepting U.S. design patent applications under the Hague Agreement. This agreement allows U.S. applicants to file up to 100 designs in over 64 member...more

5/8/2015 - Damages Design Patent Hague Agreement Patent Infringement USPTO

MarkIt to MarketTM | April 2015

In This Issue: - I Second that e-Motion: Protecting Motion Marks - USPTO Begins Accepting International Design Applications - Attending INTA Annual Meeting - gTLD Sunrise Periods Now Open - Excerpt...more

5/1/2015 - Counterfeiting Design Patent Domain Names gTLD Hague Agreement International Trademark Protection Sunrise Periods Trademark Registration Trademarks USPTO

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

4/8/2015 - Domain Names gTLD ICANN Registration Sunrise Periods Trademarks

MarkIt to Market | March 2015

The March issue of Sterne Kessler's MarkIt to MarketTM newsletter provides 5 considerations for prioritizing your global trademark protection, identifies takeaways from a recent trade dress decision, and provides an updated...more

4/2/2015 - Color Marks gTLD Sunrise Periods Trade Dress Trademarks

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

3/5/2015

MarkIt to Market - February 2015

The February issue of Sterne Kessler's MarkIt to MarketTM newsletter provides takeaways from the Supreme Court's Hana Financial decision, identifies a new anti-counterfeiting tool for owners of Canadian trademarks and...more

3/2/2015 - Canada Counterfeiting Domain Names gTLD Hana Financial v Hana Bank SCOTUS Sunrise Periods Tacking Trademarks

Design Patent Case Digest: Kedem, LLC v. Team International Group of America, Inc.

Decision Date: January 30, 2015 - Court: Southern District of Florida - Patents: D686,869; D694,057 - Holding: Defendant’s motion for summary judgment DENIED - Opinion: Kedem, LLC owns U.S. Design...more

2/20/2015

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. ...more

2/10/2015 - gTLD ICANN Sunrise Periods Technology

MarkIt to Market - January 2015

The January issue of Sterne Kessler's MarkIt to MarketTM newsletter comments on the trend of seeking to register popular slogans as trademarks, supplies a template for auditing your trademark rights, and gives an updated list...more

2/2/2015 - Audits Brand gTLD Sunrise Periods Trademarks

Design Patent Case Digest: Anderson v. Kimberly-Clark Corporation

Decision Dates: September 25, 2013 and July 10, 2014 - Court: W.D. Washington and Federal Circuit - Patent: D401,328 - Holding: Defendant’s Motion for Judgment on the Pleadings GRANTED; Complaint...more

1/23/2015 - Design Patent Judgment on the Pleadings Kimberly-Clark Patent Infringement Patent Litigation Patents

Design Patent Case Digest: Robinson v. JoeyBra LLC

Decision Date: May 8, 2013 and June 3, 2014 Court: W.D. Virginia - Patent: D448,541 - Holding: Plaintiff’s motion for reconsideration of order denying preliminary injunction - DENIED. Defendant’s motion for...more

1/6/2015 - Design Patent Dismissal With Prejudice Motion for Reconsideration Patent Infringement Patents Preliminary Injunctions Prevailing Party

USPTO Takes on Deadwood

For several years now, the U.S. Patent and Trademark Office (USPTO) has been concerned about the amount of "deadwood" on the U.S. trademark Register – registrations that remain in force, but cover marks that are not actually...more

12/30/2014 - Trademarks USPTO

USPTO Fees Reduced for 2015

Effective January 17, 2015, the USPTO has announced a number of fee reductions for 2015, including a $50 reduction in the cost to file electronic applications ...more

12/29/2014 - Electronic Filing Filing Fees Trademarks USPTO

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

12/24/2014 - Brand Domain Names gTLD ICANN Sunrise Periods Trademarks

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