The United States Patent and Trademark Office (USPTO) currently finds itself at a pivotal juncture concerning the doctrine of obviousness-type double patenting (OTDP), a rule developed by the judiciary to prevent patentees from securing multiple patents for minor variations of a single invention. This principle ensures that patent term extensions are not unfairly obtained, thus…
A New York federal court has dismissed antitrust counterclaims filed by The RealReal against Chanel, following the luxury fashion house’s allegations that the resale platform sold counterfeit handbags. This decision marks a significant development in the ongoing legal battle between the two companies. Chanel initiated the lawsuit in 2018, accusing The RealReal of trademark infringement…
The legal landscape in London has been bustling with significant developments over the past week. Notably, Apple has responded to claims made by a tech company alleging infringement on wireless charging patents. The case emerges as Apple seeks to reinforce its position amidst ongoing intellectual property disputes, highlighting the intricate dynamics of tech-related legal battles….
In a recent decision, an Indiana federal judge denied the NCAA’s request for a temporary restraining order against DraftKings Inc., which aimed to prevent the sports gambling company from using trademarked terms such as “March Madness” in its promotional materials for the college basketball tournament. Despite the judge’s conclusion that the NCAA is likely to…
U.S. Patent and Trademark Office (USPTO) Director John Squires is reportedly exceeding his granted powers under the America Invents Act (AIA) by exercising too much discretion in denying patent challenges. This assertion comes from Representative Darrell Issa, a key figure in intellectual property within the U.S. House of Representatives. According to Issa, the Patent Trial…
The legal battle over brand infringement has taken an intriguing turn, as the creator of Quick Fix, a well-known synthetic urine product, initiates a lawsuit against an Alabama-based smoke shop and its owner. The action accuses them of distributing a counterfeit version of its product, allegedly harming the manufacturer’s brand recognition and market share. Quick…
In a recent legal development, a Virginia federal judge upheld the decision made by the U.S. Patent and Trademark Office (USPTO) to terminate a patent application submitted by an art kit company. The USPTO’s decision was based on the discovery that the company’s filings had been endorsed by an attorney devoid of the necessary authorization…
In a recent decision, a federal jury in California awarded $3.25 million to a marketing firm whose trademark rights were found to have been willfully infringed by Impossible Foods Inc. The jury’s award, handed down on Tuesday, includes $1.75 million in punitive damages, according to counsel involved in the case. The plaintiff, a firm operated…
FKA Twigs, the Grammy Award-winning U.K. electronic artist, has initiated legal proceedings in a New York federal court against the indie-rock duo “The Twigs,” consisting of sisters Linda and Laura Good. The lawsuit seeks a declaratory judgment affirming that FKA Twigs’ stage name does not infringe on the trademark of the Good sisters’ ’90s band….
In a recent development from the U.S. Patent and Trademark Office, Director John Squires has approved six petitions for America Invents Act (AIA) reviews while denying 15 others. This decision marks a significant step in the patent review landscape, as highlighted in a summary order that details these latest actions. The balance between granting and…
In a striking legal development within the tech-driven culinary landscape, Zest Maps Inc. has initiated litigation against DoorDash, alleging that the food delivery giant’s newly unveiled AI-powered app, Zesty, unlawfully mirrors Zest’s own innovative platform. The lawsuit, filed in a California federal court, charges DoorDash with infringing upon Zest’s intellectual property, notably capitalizing on similar…
The Fourth Circuit Court recently upheld a jury’s decision holding a Chinese pool parts company liable for misrepresenting its products as made in the USA. This decision is part of a larger legal battle favoring a North Carolina manufacturer, which has led to damages exceeding $17 million. The case underscores the rigorous enforcement of advertising…
The U.S. International Trade Commission (ITC) has initiated a series of new investigations into potential patent infringements and other intellectual property (IP) disputes. This development reflects a shift in the commission’s focus towards previously unexplored areas of contention. The trend may be linked to a broader interpretation of who has standing to request import bans,…
In a significant legal development, a federal jury in the Central District of California determined that a social media influencer and his associated streetwear brand are liable to pay $11 million to Nike for trademark infringement. This verdict comes as a pivotal moment in the ongoing challenges brands face against counterfeit products and unlicensed replicas…
The intersection of bankruptcy and intellectual property (IP) often presents intricate legal challenges. However, recent developments suggest that setbacks in bankruptcy could open doors for strategic IP repositioning. This dynamic is particularly relevant amidst the current economic uncertainties, forcing companies to rethink asset management and explore new avenues for revenue and growth. In the context…
Deckers Outdoor Corp., the parent company of Ugg, is seeking to dismiss an antitrust lawsuit initiated by Quince, a rival shoe company, which accuses Deckers of using “sham” litigation to monopolize the market. Deckers contends that its actions are legitimate efforts to safeguard its intellectual property and prevent consumer confusion, arguing that these moves are…
In an ongoing legal dispute concerning trademark rights, the “Beer Law Center” has refiled a suit in a Colorado federal court against a competing law firm, “Beer Law HQ.” Previously, the case had been dismissed in North Carolina due to insufficient ties to that jurisdiction. This development highlights the complexities surrounding trademark infringement litigation and…
A recent trademark dispute has resurfaced in the legal arena, as the firm identifying itself with the “Beer Law Center” trademark has refiled an infringement suit in Colorado federal court. This legal maneuver follows a previous dismissal in North Carolina due to jurisdictional issues; the court found insufficient ties to the state. The initial case…
A legal dispute has arisen in North Carolina as a law firm, focusing on alcoholic beverage regulations, has initiated a lawsuit against a competing firm over the use of the name “Beer Law HQ.” The plaintiff, Abernathy Law Group, alleges that the defendant’s use of the “Beer Law HQ” designation constitutes trademark infringement and unfair…
Rogue Fitness and Rogue Ridge have requested an Ohio federal judge to vacate a ruling by the Trademark Trial and Appeal Board (TTAB) amid a settlement that has been reached between the parties. The two companies, known for their workout equipment and electric bikes respectively, were embroiled in a trademark dispute over the use of…
In a significant legal development, Costco and Apollo Healthcare Corp. successfully fended off a trade dress infringement counterclaim involving the popular “Brazilian Bum Bum” cream. The case was brought against them by a rival company alleging that they had copied the design elements of the cream’s distinctive packaging, which features a rounded bottom and an…
The U.S. Patent and Trademark Office (USPTO) has implemented a new rule requiring all foreign patent applicants and owners to be represented by attorneys registered with the USPTO. This decision, announced on Thursday, aligns with similar policies at other intellectual property offices globally, aiming to address concerns about fraudulent activities in the patent application process….
The legal battle over the trademark use of the term “swizzle” between Snoop Dogg’s ice cream brand, Dr. Bombay, and Edible Arrangements has reached a resolution. Following a mediation process overseen by a Connecticut federal judge, the conflict was amicably settled, allowing both parties to continue their respective use of the word “swizzle” in marketing…
The Federal Circuit has maintained its stringent standard for reviewing institution decisions, rejecting all mandamus petitions aimed at altering the U.S. Patent and Trademark Office’s evaluation of patent challenges. This decision underscores the difficulty of overturning agency actions and is viewed as a reinforcement of the court’s high bar for intervention. Legal professionals argue that…
A prolonged legal dispute surrounding Sweetwater Brewing’s iconic leaping trout logo is set to proceed to trial, following a decision by a Georgia federal judge. The core of the legal battle lies in conflicting accounts from the logo’s designer and the former owner of the Atlanta-based brewery. The judge determined that the evidence presented was…