In its June 18, 2014 Blackhorse decision, the TTAB ordered six Redskins trademarks to be cancelled as disparaging to Native Americans at the time they were registered....more
United States presidential candidate Donald Trump avoided liability for alleged misrepresentations of the attributes of purchased hotel condominium units by a developer that is licensed by one of Mr. Trump’s corporate...more
Last week, the U.S. District Court sitting in Alexandria, Virginia granted what would appear to be a sweeping victory to a group of five Native Americans who have renewed attempts to cancel the federal registrations of...more
The Ninth Circuit recently held that online retailer Amazon.com could be liable for infringing the trademarks of a watch manufacturer based upon Amazon’s product search results when shoppers search for the manufacturer’s...more
Fitbug Ltd. v. Fitbit, Inc., 2015 WL 2251257 (N.D. Cal. May 13, 2015).
In this trademark infringement case, two manufacturers of electronic fitness tracking devices disagreed over the bill of costs submitted by the...more
In Sorensen v. WD-40 Company, the Seventh Circuit affirmed the district court’s finding that the use of the term “inhibitor” for a rust-inhibitor product was not trademark infringement and constituted a descriptive fair use. ...more
Nedschroef Detroit Corp. v. Bemas Ents. LLC, Case No. 14-10095, 2015 WL 2453511 (E.D. Mich. May 22, 2015).
U.S. District Judge Linda V. Parker granted summary judgment in favor of plaintiff Nedschroef Detroit Corp...more
Note: Beginning this month, IP Law Tracker will highlight significant intellectual property decisions from the U.S. Court of Appeals for the Sixth Circuit and the U.S. District Courts for the Eastern District of Michigan and...more
The Ninth Circuit’s recent decision in Moldex-Metric, Inc. v. McKeon Products, Inc. clarifies that even when a single color trade dress has a function, and even when the color is marketed as such, this fact alone does not...more
DISTRICT COURT CASES -
Akin Gump Wins Section 101 Motion to Dismiss, Invalidating 887 Patent Claims -
Following Supreme Court precedent set forth in Alice Corp. Pty. Ltd. v. CLS Bank International, Judge Sleet...more
Mil-Spec Monkey, Inc. v. Activision Blizzard, Inc. - USDC, N.D. California, November 24, 2014:
District court grants summary judgment in favor of publisher of military-action video game Call of Duty: Ghosts on trademark...more
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
On December 4, 2013, in Petroliam Nasional Berhad (Petronas) v. GoDaddy.com, Inc., the United States Court of Appeals for the Ninth Circuit held that the Anticybersquatting Consumer Protection Act (“ACPA”) does not provide a...more
On June 12, 2013, the Trademark Trial and Appeal Board (TTAB) granted two motions for summary judgment based on lack of Applicant’s bona fide intent.
In the first of these decisions, Pacific Poultry Company, Limited v....more
1. Can I infringe a patent if I am not aware of it?
Yes. Lack of knowledge of a patent or a lack of intent to infringe the patent is not a defense to an allegation of patent infringement. Patent infringement occurs when...more
Amazon has recorded another success in its battle with Apple over use of the term APP STORE. The U.S. District Court in California has granted Amazon’s motion for summary judgment on Apple’s claim of false advertising...more
Over the weekend, I saw an article in the Hollywood Reporter (which incidentally likes to quote our very own Catlan McCurdy, like here and here) discussing the copyright dispute over the 1966 Batmobile. Warner Brothers and...more
In This Issue:
- Court Declines to Dish Out Preliminary Injunction in Commercial-Skipping Case Despite Likelihood of Infringement
- Free and Open-Source Software Diligence in Mergers, Acquisitions, and...more
In This Issue:
Belair v. MGA Entertainment, Inc. -
..Second Circuit affirms summary judgment in favor of defendant on copyright infringement claim, finding no substantial similarity between the figures in...more
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