The Briefing: The Supreme Court Limits the Reach of The Lanham Act [PODCAST]
Emerging Strategies for Protecting Global IP Rights
Patent Series: Protecting inventions
Video Game Lawsuit Highlights Intellectual Property Issues with Internet Memes
Harlem Shake's Copyright Issues
Apple Loses First 'Big' Case to MobileMedia, Lawyer Says
Copyright Safe Harbors: Establishing Protection Against Infringement Claims
In the ever-evolving landscape of intellectual property law, a new federal bill has emerged to address the unique challenges faced by golf course designers and architects. The Bolstering Intellectual Rights against...more
GPL (General Public License) is one of the widely used licenses for open-source software. GPL requires derivative code based on GPL open-source code to also be distributed under GPL, ensuring open-source availability. This...more
Earlier this month, the U.S. Supreme Court was asked to consider revisiting an August 2021 decision made by the U.S. Court of Appeals for the Eighth Circuit (Designworks Homes, Inc. v. Columbia House of Brokers Realty, Inc.,...more
Currently, CBP is empowered to seize counterfeit merchandise or packaging that violates those copyrights, trademarks, and trade names that have been previously recorded with CBP. The Bill would allow CBP to make similar...more
The Counterfeit Goods Seizure Act of 2019 aims to close a loophole in the current law and provide U.S. Customs the authority to seize counterfeit goods infringing design patents....more
The women’s hosiery powerhouse, Spanx, is being sued for allegedly copying designs of a small shapewear company (R and A Synergy, LLC, v. Spanx, Inc., (C.D. Cal. 2017)). In the Complaint filed on December 21, 2017 in the...more
I often get asked by clients to discuss the differences between design patents and trade dress. Both are intellectual property protections that protect similar aspects of a product—the appearance and aesthetic features. Last...more
Designers like Alexander Wang, Rebecca Minkoff, and Michael Kors are all gearing up to premier their 2016 fall/winter collections this month during New York Fashion Week. Fashion Week draws more than 230,000 attendees each...more
In recent years, protection of designs has become of increasing importance. As Steve Jobs famously noted: “People think it’s this veneer — that the designers are handed this box and told, ‘Make it look good!’ That’s...more
Decision Date: October 2, 2013 - Court: M.D. Florida - Patents: D643,474 - Holding: Defendant’s motion for summary judgment of patent invalidity and non infringement GRANTED. Opinion: ...more
Decision Date: May 24, 2013 - Court: D. Massachusetts - Patents: D502,362 - Holding: Defendant’s motion for summary judgment of non-infringement GRANTED - Opinion: Plaintiff Keurig, Inc. sued JBR,...more
Since our last article on the topic of design patent reexaminations (see “All or Nothing Design Patent Reexaminations: On the Rise,” June 8, 2010), design patents are more popular than ever. Interest in design patents...more
Knobbe Martens’ patent attorneys Russell Jeide and Scott Cromar hosted a seminar series on intellectual property basics for Temecula’s business community. This presentation is from the first class giving a basic overview of...more
*News from the Bench: - First Sale Doctrine Applies To Copyrighted Works Lawfully Made Abroad. - Dissenting Federal Circuit Judges Abide By The Akamai Standard. - More On Joint Infringement and The Akamai...more
In This Issue: • Licensing to Foreign Manufacturers Satisfies Domestic Industry • Appeal Found to Be Moot in Light of “Side Bet” • Mere Design Choice Leads to Obviousness Finding • Design Patent Infringement...more
In This Issue: Patents - Supreme Court: State Court Has Jurisdiction over a Legal Malpractice Claim; Nothing Non-Obvious About Applying Pre-Existing Technology to the Internet; The Federal Circuit Is Not the...more
[A] sua sponte dismissal of a complaint "is usually reserved for those cases in which the complaint is so confused, ambiguous, vague, or otherwise unintelligible that its true substance, if any, is well disguised."...more
Decision Date: September 30, 2011 - Court: D. Maryland - Patents: D523,263 - Holding: Defendants liable for design patent infringement - Opinion: Plaintiff, Victor Stanley, Inc. sued Creative Pipe, Inc....more
1. What is a patent? A patent is a right granted to inventors by the government to exclude others from making, selling, offering for sale, using, or importing an invention. The U.S. Government has issued over eight...more
In This Issue: ..News From the Bench: - Clarification of the “Vitiation Test” when applying the Doctrine of Equivalents. - The “Success More Likely Than Not” and “Ordinary Observer” Standards for a...more
Telebrands Corp v. Del Laboratories, Inc. - Decision Date: September 8, 2011 - Court: S.D. New York - Patents: D596,802 - Holding: Coty’s motion for summary judgment of invalidity denied - Opinion:...more
[T]he estimated likelihood of success in establishing infringement is governed by Federal Circuit law. [A movant for a preliminary injunction in a patent case] need not meet [the] heightened "clear or substantial likelihood"...more