In this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss Paramount’s motion to dismiss a copyright infringement lawsuit relating to ‘Top Gun: Maverick.’ Continue Reading Paramount is Ready to Dogfight in Top Gun Maverick Copyright Lawsuit

You are likely familiar with the children’s game, Connect 4, in which players drop red and black checker pieces into an upright rack trying to get four of their pieces in a row to win. Some of you may have even seen enlarged outdoor versions of the Connect 4 game at various venues. On August 24, 2022, the Ninth Circuit issued its opinion in P and P Imports, LLC v. Johnson Enterprises, LLC, in which the parties were battling a trade dress infringement claim involving these large outdoor Connect 4-like games.

Continue Reading Connect 4: Trade Dress Infringement and Secondary Meaning

In this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo provide an update on the IP dispute between the heirs of Evel Knievel and Disney, over claims of similarities between the late daredevil and the “Toy Story 4” character Duke Caboom. Continue Reading The Briefing by the IP Law Blog: Evel Knievel IP Lawsuit Against Disney Crashes and Burns

In Mobile Equity Corp. v. Walmart Inc., 2-21-cv-00126 (EDTX Sep. 8, 2022) (Roy S. Payne), the Court found that the asserted claims were not directed towards an abstract idea and did not encompass unpatentable subject matter and therefore were not invalid under 35 U.S.C § 101.

Pursuant to 35 U.S.C § 101, “whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.” A claim falls outside of 35 U.S.C § 101 where (1) it is directed to a patent-ineligible concept, i.e., a law of nature, natural phenomenon, or abstract idea, and (2), if so, the particular elements of the claim, considered both individually and as an ordered combination, do not add enough to transform the nature of the claim into a patent-eligible application. Continue Reading District Court Finds Mobile Payment Patents Not Invalid Under 35 U.S.C. § 101

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a Trademark dispute between toy maker Mattel and Rap Snacks after the snack company launched ‘Barbie-Que Chips’ in collaboration with rapper Nicki Minaj. Continue Reading The Briefing by the IP Law Blog: Mattel Isn’t Toying Around About Nicki Minaj Barbie-Que Chips