Infringement

News & Analysis as of

Texas Justice Provides an Evidence Solution

Have you ever been in a situation where you have reliable information that an organization has infringed your intellectual property rights, but you do not have actual “evidence” in-hand? This article discusses a procedure...more

Britto v. Apple: Utilizing the IP Kitchen Sink

Can an artist’s particular style of art constitute both copyrightable expression and trade dress? Brazilian artist Romero Britto has filed suit against two artists known as “Craig & Karl” for copyright infringement —...more

Trade & Manufacturing - News of Note - April 2015

United States Imposes New Sanctions Against Certain Venezuelan Officials - On March, 8 President Barack Obama signed an Executive Order blocking, or "freezing," the property and interests in property of "certain...more

Intellectual property rights under German insolvency law

German insolvency case law on intellectual property rights has experienced rapid development in recent years, while attempts by the German legislature to regulate this subject with precision have repeatedly failed. The...more

Copycat Characters and the Selective Enforcement of IP Rights

Spring is here with summer just around the corner. While many are preparing for barbeques and boating, others are finalizing plans and perhaps costumes in preparation for Comic-Con (Comic Book Convention) season....more

ITC Section 337 Update - March 2015 #2

Commission Declines MEGA Brands’ Request For Early Disposition Of Domestic Industry – As reported in the March 12, 2015 edition of the ITC Section 337 Update, proposed Respondent MEGA Brands filed public interest comments...more

Daubert Motions Are Granted In Part; Relative Value Allocation Approach To Apportionment Is Unreliable

Stark, C. J. Defendant’s Daubert motion is granted in part and the remaining part remains pending. Plaintiff’s motion to preclude testimony is denied in part and granted in part....more

Liability for Commercial Speech: A Guide to False Advertising, Commercial Disparagement, and Related Claims

This volume summarizes related bodies of law – false advertising, commercial disparagement, and defamation – that govern the conduct of business communications. It sets forth elements, damages, and related defenses for each...more

On-line media piracy – VPN, IPTV and Vines in various jurisdictions including Italy!

Our last webinar’s session focused on on-line media piracy, in particular on the legal issues raised by IPTV boxes, Vines and Virtual Private Networks (VPN) in various jurisdictions including Italy.... ...First of all...more

Data for the Taking: Using Website Terms and Conditions to Combat Web Scraping

Is it stealing to take data without permission from a public website, or is it simply making use of resources that are made available to you? “Web scraping” or “screen scraping” is the practice of extracting large amounts of...more

Preliminary Injunction Is Granted

This is a declaratory judgment action. The disputed technology relates to topically applied clotting material. The court finds that defendant has shown a likelihood of success on infringement since the constructions offered...more

New Tool to Fight Counterfeiting – Customs Recordation Now Available in Canada

Many U.S. brand owners already work with U.S. Customs and Border Protection (CBP), a division of the U.S. Department of Homeland Security, to keep counterfeit products out of the U.S. CBP examines cargo at more than 300 ports...more

All-Star Tips To Avoid Infringement Litigation

Shoes are always in the news. From a fashion standpoint, Nike has made headlines this week, with a re-release of the Classic Cortez running shoe (aka, the Forrest Gump shoe) along with the second edition of the LeBronald...more

Supreme Court Finds Trademark Tacking to Be a Jury Question - Hana Financial, Inc. vs. Hana Bank, et. al.

The Supreme Court of the United States, in a unanimous decision stated that “because the tacking inquiry operates from the perspective of the ordinary purchaser or consumer, we hold that a jury should make this...more

Supreme Court Considers Impact of TTAB "Likelihood of Confusion" Finding on Trademark Infringement Litigation

On December 2, 2014, the United States Supreme Court heard oral argument in B&B Hardware, Inc. v. Hargis Industries, Inc.. The question before the Supreme Court is how much deference, if any, a federal district court hearing...more

Do We Have the Right to Sell Our Products/Services?!

Intellectual property (IP) due diligence is an assessment of the IP owned or used by a company and third-party IP rights that may impact the company’s business. More often than not, companies do not think about IP due...more

Magistrate Declines To Recommend Dismissal Of State Law Counterclaims

Fallon, M.J. Magistrate’s Report and Recommendation recommends denying plaintiff’s motion to dismiss state law counterclaims....more

Generic top-level domains – the evolution of trademark protection

In early 2012 the Internet Corporation for Assigned Names and Numbers (ICANN) received over 1,900 applications for unlimited generic top-level domains (gTLDs). Since then, over 325 new TLDs have launched with a total of...more

Court Report - February 2015 #4

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Novartis Vaccines and Diagnostics, Inc. et al. v. Pfizer, Inc. 2:15-cv-01283; filed February 18, 2015 in the District...more

Corbello v. DeVito - USCA, Ninth Circuit, February 10, 2015

Ninth Circuit reverses and remands district court’s grant of summary judgment to members of “Four Seasons” music group and others involved in producing musical “Jersey Boys,” holding that agreement between band member Thomas...more

Defense of Laches in Patent Cases to Be Reviewed En Banc - SCA Hygiene Products Aktiebolag, et al. v. First Quality Baby Products,...

The U.S. Court of Appeals for the Federal Circuit has order for en banc review of the defense of laches in patent cases in order to evaluate the impact of the Supreme Court’s laches decision in the copyright case Petrella v....more

Assignment Consideration Can Be Representation, Support and Opportunity - Memorylink Corp. v. Motorola Solutions, Inc.

Addressing whether a patent was properly assigned and whether claims of inventorship fraud were properly barred by the statute of limitations, the U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s summary...more

The En Banc Federal Circuit Hears Argument in Suprema, Inc. v. ITC

On Thursday, February 5, 2015, the en banc Federal Circuit heard oral argument in the matter of Suprema, Inc. v. ITC, reviewing its controversial panel decision holding that in ITC investigations induced infringement cannot...more

Damage Award Slashed as Court Finds Defenses Were Not Objectively Assessed - Stryker Corp. v. Zimmer, Inc.

Addressing the issue of willful infringement, the U.S. Court of Appeals for the Federal Circuit reversed the lower court’s finding of willful infringement and award of attorneys’ fees, finding that the defenses asserted by...more

Federal Circuit Hears Oral Arguments in Suprema, Inc. v. International Trade Commission Rehearing en banc

Court considers whether the U.S. International Trade Commission has authority over allegations of induced infringement and infringement of method-of-use claims by importers. Procedural Background - Suprema v....more

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