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Michael Jackson, Commercial Speech and Anti-SLAPP Motions

Posted in IP, IP Law Blog Lawyers In The News

A California appellate court recently dealt a blow to fans of Michael Jackson who brought a class action alleging unfair competition and violations of the Consumers Legal Remedies Act (“CLRA”) in connection with the sale of an album titled simply “Michael” following the singer’s death.  The appellate court found that statements on the album cover… Continue Reading

Court Finds Prior Finding of No Literal Infringement Bars Later Claim for Infringement Under the Doctrine of Equivalents

Posted in IP, IP Law Blog Lawyers In The News, Patent Law

In Galderma Laboratories, LP et al v. Amneal Pharmaceuticals LLC et al, 1-16-cv-00207 (DED August 31, 2018, Order) (Stark, USDJ), Judge Stark of the District of Delaware recently found that a plaintiff was collaterally estopped from pursuing claims for patent infringement of two drug patents under a doctrine of equivalents theory based on a finding… Continue Reading

Accused Patent Infringers – Don’t Wait to File an Inter Partes Review!

Posted in IP, IP Law Blog Lawyers In The News, Patent Law

An inter partes review (IPR) is one of the ways a party can challenge a patent in the Patent and Trademark Office. This procedure was added by the America Invents Act, which established a panel of judges called the Patent Trial and Appeal Board (PTAB) to decide IPRs and conduct other procedures used to challenge… Continue Reading

Procter & Gamble Seeks to Register Text Message Lingo Such as LOL and WTF

Posted in IP, IP Law Blog Lawyers In The News, Trademark Law

Procter & Gamble, the international consumer packaged goods conglomerate, recently filed a slew of trademark applications with the United States Patent and Trademark Office, seeking to register WTF, LOL, FML, and NBD for use in conjunction with certain consumer goods. Now, I suspect most of you are familiar with these acronyms, but if you aren’t,… Continue Reading

NAVIGATING USERNAME JACKING

Posted in IP, IP Law Blog Lawyers In The News

Have you ever had the experience of attempting to register a social media account in the name of your business only to find that your preferred name is taken?  Often, it’s just the case of another business with the same name having registered that account first.  Other times, it’s evidence of what’s come to be… Continue Reading

Patent Litigation Venues: Is a Computer Server Room Really a Place of Business?

Posted in IP, IP Law Blog Lawyers In The News

The U.S. Supreme Court’s in TC Heartland v. Kraft Food,  and subsequently the Court of Appeals for the Federal Circuit in In re Cray Inc., addressed where patent litigation can be filed under the patent venue statute, 28 U.S.C. §1400(b).  Specifically, the patent venue statute provides that “[a]ny civil action for patent infringement may be… Continue Reading

“Honey Badger Don’t Care”: The Rogers test and Trademark Infringement

Posted in IP, IP Law Blog Lawyers In The News, Trademark Law

Christopher Gordon is a comedian who created a viral video about the honey badger with the notable catch phrase, “Honey Badger Don’t Care,” among others.  He later trademarked that phrase and sued greeting card companies for trademark infringement for using that phrase, or a variation thereof, without his permission.  As a result, the Ninth Circuit… Continue Reading

Federal Circuit Limits Patent Infringement Damages

Posted in IP, IP Law Blog Lawyers In The News, Patent Law

The Federal Circuit Court of Appeals has taken aim at sky-high patent infringement damages. In Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., 2018 U.S. App. LEXIS 18177 (July 3, 2018), the court limited the use of the rule that allowed patent owners to recover damages based on the total sales of the infringing product,… Continue Reading

Conor McGregor Returns to Combat in the Intellectual Property Arena

Posted in IP, IP Law Blog Lawyers In The News

Conor McGregor doesn’t back down to anyone. He knocked out the once unbeatable Jose Aldo in 13 seconds. He was the first UFC fighter to simultaneously hold titles in two different weight divisions. He crossed over to boxing to fight the greatest boxer of all time, Floyd “Money” Mayweather. You get the point: Conor McGregor… Continue Reading

Recovery of Lost Foreign Profits for Infringement of a U.S. Patent

Posted in IP, IP Law Blog Lawyers In The News, Patent Law

While a U.S. patent provides the patent owner with a monopoly to prevent others from “making, using, offering for sale, or selling the invention throughout the United States,” there are significant limits to the extraterritorial application of U.S. Patent law.  The U.S. Supreme Court, however, just found that damages for one form of patent infringement… Continue Reading

Right of Publicity Risks For Producers Still Uncertain

Posted in Entertainment Law, IP, IP Law Blog Lawyers In The News

Often writers base characters on complete fiction, drawing from their imagination to build a character’s various facets.  However, on certain occasions a writer may base a character on a living person.  Sometimes such a portrayal is factual and other times it may be a combination of fact and fiction.  Such was the case, claimed legendary… Continue Reading