Infringement

News & Analysis as of

EU Customs Practice Group - March 2014

In This Issue: - EU CUSTOMS POLICY: ..UCC developments ..Proposed EU Framework for Customs Infringements and Sanctions - TARIFFS: ..Duty Suspensions and Tariff Quotas ..EU reduces additional...more

Augusta-Based Eagle Parts Files Complaint Against Allshields, Inc. Alleging Infringment of "Windshield Fastening Device" Patent

On April 3, 2014, Eagle Parts & Products, Inc. of Augusta, Georgia (“Eagle”) filed a complaint against Allshields, Inc. of Raleigh, North Carolina (“Allshields”) alleging infringement of U.S. Patent No. 7,380,860 (“the ‘860...more

Generic’s Counterclaims for Non-Infringement are Proper Despite Covenant Not to Sue From Brand

On April 9, 2014, in Purdue Pharmaceutical Products, L.P. v. TWi Pharmaceuticals, Inc., Civ. No. 12-5311 (D.N.J.), Judge Jose L. Linares of the United States District Court for the District of New Jersey ruled that a generic...more

T-12 Entertainment Speaks Up in Trademark Complaint Over Use of "I Plead the 5th" Mark

On March 24, 2014, T-12 Entertainment, LLC and Kareem Hawthorne, both of Georgia (collectively, “Plaintiffs”), filed a complaint against Young Kings Enterprises, Inc., Ego Entertainment, LLC., Troy Williams, Anthony Adighibe,...more

Implications of U.S. Sanctions Program on Intellectual Property Owners

To advance U.S. foreign policy and national security objectives, the U.S. maintains laws and regulations that impose economic sanctions against certain countries, individuals, and entities (the "U.S. Sanctions Program"). 31...more

The Art of Parodying a Global Mega-Brand

In February 2014, comedian Nathan Fielder orchestrated an ambitious publicity stunt – he crudely poked fun at global mega-brand Starbucks. His elaborate prank could have been a costly one. Fielder treated a long queue of...more

The Federal Circuit Considers Petitions For Rehearing Suprema — Its Decision Defining The ITC’s Authority To Police Induced...

The International Trade Commission and Cross Match Technologies Inc. requested rehearing of the December panel decision of the U.S. Court of Appeals for the Federal Circuit in Suprema Inc. and Mentalix Inc. v. U.S....more

Anticipation . . . But, Heinz is Not Keeping Melinda’s Habanero Ketchup Waiting

Last month Heinz, a brand “synonymous with ketchup throughout the world,” and a seller of “650 million bottles of Heinz ketchup each year,” brought a federal trademark infringement and dilution lawsuit in Texas to enforce...more

EU nears finalisation of new law to promote anti-trust claims

Member States’ ambassadors to the EU, known as the Committee of Permanent Representatives, have endorsed the agreement between the Council Presidency and representatives of the European Parliament on a proposed new EU...more

Looking Upstream: Weighing Proposed Changes To Customer Stays In Patent Litigation*

At a time when congressional partisanship is the norm, curbing lawsuits filed by nonpracticing entities (NPEs) may be one of the few issues uniting Washington. Over the past year, both Republicans and Democrats introduced...more

How Many Pieces Of Flair Do You Have? Obtaining Merchandising Rights From Actors

A recent decision from the US federal courts offers a timely reminder of the importance for producers of specifically spelling out that they are obtaining “merchandising” rights from all actors performing in their film or TV...more

Copyright Claims Based on Submission of Prior Art to Patent Office Finally Dismissed: Were They The “Weakest Infringement Claims...

Copyright Claims Based on Submission of Prior Art to Patent Office Finally Dismissed: Were They The “Weakest Infringement Claims of All Time”? In April 2012, we reported on four copyright lawsuits filed by the American...more

Laches in Trademark Infringement: How Long Can You Sleep on Rights?

Trademark infringement litigation typically centers around requests for injunctive relief. Although monetary relief is regularly sought, damages are awarded in only a small percentage of cases. Because the courts’ equitable...more

Dictionary Definition Dispositive in Claim Construction Dispute - Starhome GmbH v. AT&T Mobility LLC

Addressing the use of technical dictionaries in claim construction, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s summary judgment of non-infringement, finding that the district court properly...more

ALIS – A Legal Guide For Writers

The good folks at Nova Scotia’s Artists’ Legal Information Society (ALIS) have published their free Legal Guide for Writers, a solid plain-English resource which will prove useful both for authors and their lawyers. Published...more

Burger With a Side of Fashion – Moschino spoofs McDonald’s

You may have previously read my post about apparel companies spoofing luxury fashion brands, but in Milan, one luxury fashion brand spoofed brands perhaps a little more familiar to the average Joe or Jane....more

Complaint Seeks To Fence Competitor Out Of Field

Barrette Outdoor Living, Inc. (“Barrette”), an Ohio corporation with a place of business in Jefferson, Georgia, brought a patent infringement action against Porcelen, Limited, Connecticut, LLC, for patent infringement of the...more

Rolex Says "Time is Up" for alleged Craigslist Counterfeiter

On February 5, 2014, Rolex Watch U.S.A.,Inc. (“Rolex”) of New York, New York, filed a complaint against Nicholas Peter Karettis (“the defendant”) of Tyrone, Georgia, alleging Trademark Counterfeiting and Infringement under 15...more

Federal Circuit Reverses District Court on Claim Construction in Patent Suit Involving Google's Street View

On March 14, 2014, the U.S. Court of Appeals for the Federal Circuit ruled in a patent appeal case involving Google's Street View technology on a topic in patent law that has received considerable attention recently—claim...more

Intellectual Property Infringement on the Internet: What Court to Call?

The internet does not know any national borders; website content can be viewed from anywhere in the world. This raises the question of what court has jurisdiction when the content of a website infringes on intellectual...more

Infringement Expert Excluded Where Expert Did Nothing More Than Parrot Claim Language in Infringement Analysis

Plantronics, Inc. ("Plantronics") filed a patent infringement action against ALIPH, Inc. ("ALIPH"). After expert reports were submitted, ALIPH moved to exclude the expert report of Plantronics' infringement expert. At...more

The Katten Kattwalk | Issue 04

In this issue: - Trademark Infringed? No Preliminary Injunction Unless Irreparable Harm Proved - Want to Reserve a Trademark? Be Prepared to Prove You Will Use It - Around the Horn: Customs and...more

“Promptness” of a Clawback Request for Inadvertent Disclosure Must Be Reasonable (Washington)

RIPL Corp. v. Google Inc., 2013 WL 6632040 (W.D. Wash. Dec. 17, 2013). In this trademark infringement case, the defendant and plaintiff entered into a stipulated protective order which included a clawback provision...more

Tacking isn't tacky - narrow doctrine saves defendant

In Hana Financial v Hana Bank (Case No 11-56678), the US Court of Appeals for the Ninth Circuit has affirmed the district court’s decision denying Hana Financial Inc’s motion for judgment as a matter of law. The Ninth Circuit...more

Family of Jack Gibson, founder of the National Association of Radio Announcers for Black Radio DJs, enforces famous mark “Jack the...

Judge Thrash issued a ruling granting in part and denying in part the motion for summary judgment of plaintiffs (Jill Gibson Bell, et. al., hereinafter “Gibson Family”) against Billy Darren Foster (“Foster”) for trade mark...more

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